Heirs Property – Determination of Value

Heirs Property Partition Determination of Value

Heirs Property Partition – Determination of Value

Hi, I’m Philip Hundl. My law practice focuses on representing landowners involved in land partition matters and also facing condemnation proceedings when entities or the government wants to exercise eminent domain. We’re been talking a lot about partitions and so I want to keep this series of videos going on partitions. We’ve talked about chapter 23A in Texas, it’s the heirs part partition section of the Texas Property Code and it has an additional several wrinkles to it more than just the old chapter 23 section that we operated under in Texas for, you know, as long as I can remember just it was your normal partition section. But now, so what are some of the wrinkles?

Steps in the Heirs Property Partition

One, there’s several steps in here and one is to determine that section 23A, in other words the heirs section applies to this partition proceeding. That can be very simple. That can be by a stipulation of the parties. That’s what I always try to do. But if there’s not a stipulation by the parties then then it requires a hearing. I guess you could do it by submission as well but there needs to be a determination by the court.

After that there’s also kind of a next step, and let me reference exactly the code section. The next code section is the 23A.006 and this is determination of value. So there’s a determination of value. And how does the court do that? Well, the court, and it sets it out in this code section, but the court either, if the all the parties agree on the value, then the court will say, fine, for purposes of, you know, 23A.006, we’re going to use the value everybody agrees.

But if not everybody agrees to the value, then the court will appoint an appraiser to appraise the property for this part of the section. And the part of the section that the court’s doing it for is it’s 23A.007, the co-tenant buyout, we’ll talk about that in a second but the court’s going to appoint an appraiser and then the appraiser will value the property as a whole and file that appraisal.

And there can be, a party can object to the appraisal and then there can be a hearing on that objection and the court determine whether the hearing, you know, is properly done and does it determine that, you know, is it a fair market value of the property?

And if so then the court will proceed to then, the proceeding moves to the co-tenant buyout that I just talked about 23.007. Now the co-tenant buyout I’m going to get in that in another video, so stay tuned. Once again, partition matters are different it’s a different proceeding and so you have to be aware of the differences and especially if it’s heir’s property. Good luck.