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Understanding Dependent Administration: Distribution and Partition in Estate Management

This guide outlines the process of dependent administration in estate management, focusing on the stages of distribution and partition. It includes key information on when distributions can occur, who may request them (including personal representatives and beneficiaries), and the legal citations that govern these processes. Additionally, it explains methods for citation and the court’s role in determining the appropriateness of distributions. Important considerations are addressed, such as dealing with income from gifted items and the final settlement of estate matters, ensuring clarity for heirs and beneficiaries.

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Understanding Dependent Administration: Distribution and Partition in Estate Management

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  1. Dependent AdministrationThe End Stages

  2. Partition & Distribution

  3. Partial Distribution • When? • After approval of inventory • Who may request? • PR • Heirs • Beneficiaries • Authority • PC § 373(c) • EC § 360.002

  4. Total Distribution • When? • After one year from grant of letters • Who may request? • PR • Heirs • Beneficiaries • Authority • PC § 373(a) • EC § 360.001

  5. Citation • Method • Personal service on each person residing in Texas whose address is known. • Publication service on others • Authority • PC § 374 • EC § 360.051

  6. Hearing • Court will determine if it is proper to make a partial or total distribution. • PC §§ 377-378 • EC § 360.101

  7. Partition • Money or debts due the estate • Easy – just use simple math • PC §§ 380 • EC § 360.151

  8. Partition • Other property capable of division • Court appoints three or more discreet and disinterested persons to divide the property • PC § 380 • EC § 360.151

  9. Partition • Property not capable of division • Court orders PR to sell the property and divide the proceeds • PC § 381 • EC § 360.202

  10. Income • Income from a gifted item that accrues after death but before distribution is given to the beneficiary less the cost of taxes, repairs, insurance, management fees, etc. • PC § 378B • EC § 310.004

  11. Final Settlement • Triggering event • All debts paid, or • Debts paid as much as possible, and • No further need for administration. • PC § 404 • EC § 362.001

  12. Final Account • Very similar to the annual account • PC § 405 • EC § 362.004 • Citation • Normally, certified mail, return receipt requested • PC § 405 • EC § 362.005 • Court action

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