Tex. Codes » Property Code · TITLE 4. ACTIONS AND REMEDIES · CHAPTER 23A. UNIFORM PARTITION OF HEIRS' PROPERTY ACT
Texas Codes

Tex. Prop. Code § 23A.002 (2026)

Definitions

✓ current as of May 2026
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Sec. 23A.002. DEFINITIONS. In this chapter:

(1) "Ascendant" means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual.

(2) "Collateral" means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant.

(3) "Descendant" means an individual who follows another individual in lineage, in the direct line of descent from the other individual.

(4) "Determination of value" means a court order determining the fair market value of heirs' property under Section 23A.006 or 23A.010 or adopting the valuation of the property agreed to by all cotenants.

(5) "Heirs' property" means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:

(A) there is no agreement in a record binding all the cotenants that governs the partition of the property;

(B) one or more of the cotenants acquired title from a relative, whether living or deceased; and

(C) any of the following applies:

(i) 20 percent or more of the interests are held by cotenants who are relatives;

(ii) 20 percent or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

(iii) 20 percent or more of the cotenants are relatives.

(6) "Partition by sale" means a court-ordered sale of the entire heirs' property, whether by open-market sale, sealed bids, or auction conducted under Section 23A.010.

(7) "Partition in kind" means the division of heirs' property into physically distinct and separately titled parcels.

(8) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(9) "Relative" means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this chapter.

Added by Acts 2017, 85th Leg., R.S., Ch. 297 (S.B. 499), Sec. 1, eff. September 1, 2017.

Notes of Decisions
Cited in 7 cases (7 in the last 5 years), 2022–2026 · leading case: In the Est. of Billy Wayne Phillips v. the State of Texas (Tex. App. 2025).
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In the Est. of Billy Wayne Phillips v. the State of Texas (Tex. App. 2025). · cites it 4× “TEX. PROP. CODE ANN. § 23A.002(5). Under the plain meaning of Section 23A.”
Jeffrey Allen Rogers v. Kimberly Annette Coslett, Ralph Milton Suddath & Point Bank (Tex. App. 2022). “TEX. PROP. CODE ANN. § 23A.002(5). 14 property, “the court shall adopt that value.”
Willie T. Freeney, Jr. v. Michael W. Flowers (Tex. App. 2025). “002(5) of the Texas Property Code. See TEX. PROP. CODE ANN.”
Paula Atkinson v. Land Endeavors, LLC, & Allen L. Evans (Tex. App. 2025). “TEX. PROP. CODE ANN. § 23A.002(5). Simply put, lack of an equal interest does not defeat the trial court’s jurisdiction.”
Paula Atkinson v. Land Endeavors, LLC, & Allen L. Evans (Tex. App. 2025). “See TEX. PROP. CODE ANN. § 23A.002(5). After Atkinson decided not to purchase the property interests owned by Evans and Rossi, the trial court entered a decree of partition in kind, which appointed commissioners and a surveyor to assist in partitioning the property in kind.”
Ricardo Hernandez & Joel Hernandez v. Rene Angel Hernandez (Tex. App. 2025). “TEX. PROP. CODE ANN. § 23A.002(5). Although appellants asked the trial court to partition Lot 390 pursuant to the Act, the Act does not provide that property may be partitioned in direct contravention of the manner in which that property is distributed via terms of a will.”
In Re Alvis Ray Coker Jr. v. the State of Texas (2026). “See Tex. Prop. Code Ann. § 23A.002(5). “A partition case, unlike other proceedings, has two final judgments and the first one is appealable as a final judgment.”
— Tex. Prop. Code § 23A.002(5) — 7 cases
In the Est. of Billy Wayne Phillips v. the State of Texas (Tex. App. 2025). “TEX. PROP. CODE ANN. § 23A.002(5). Under the plain meaning of Section 23A.”
Jeffrey Allen Rogers v. Kimberly Annette Coslett, Ralph Milton Suddath & Point Bank (Tex. App. 2022). “TEX. PROP. CODE ANN. § 23A.002(5). 14 property, “the court shall adopt that value.”
Willie T. Freeney, Jr. v. Michael W. Flowers (Tex. App. 2025). “002(5) of the Texas Property Code. See TEX. PROP. CODE ANN.”
Paula Atkinson v. Land Endeavors, LLC, & Allen L. Evans (Tex. App. 2025). “TEX. PROP. CODE ANN. § 23A.002(5). Simply put, lack of an equal interest does not defeat the trial court’s jurisdiction.”
Paula Atkinson v. Land Endeavors, LLC, & Allen L. Evans (Tex. App. 2025). “See TEX. PROP. CODE ANN. § 23A.002(5). After Atkinson decided not to purchase the property interests owned by Evans and Rossi, the trial court entered a decree of partition in kind, which appointed commissioners and a surveyor to assist in partitioning the property in kind.”
— Tex. Prop. Code § 23A.002(5)(B) — 1 case
In the Est. of Billy Wayne Phillips v. the State of Texas (Tex. App. 2025). “TEX. PROP. CODE ANN. § 23A.002(5). Under the plain meaning of Section 23A.”
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