Rule 776.Construction
Last verified June 28, 2026
Full Text of Rule 776
Plain-English Summary
Rule 776 preserves special partition procedures. No provision of the statutes or rules relating to partition affects the mode of proceeding prescribed by law for the partition of estates of decedents among the heirs and legatees, and does not preclude partition in any other manner authorized by the rules of equity, which govern in all respects the law and these rules do not provide for.
Frequently Asked Questions
Do the general partition rules override special procedures in Texas?
No. Rule 776 leaves the procedure for partitioning a decedent's estate among heirs and legatees intact, and preserves partition in any other manner the rules of equity authorize.
Do the partition rules apply to dividing a decedent's estate among heirs?
No. Rule 776 leaves the separate procedure for partitioning a decedent's estate among heirs and legatees undisturbed.
What fills gaps the partition statutes and rules don't cover?
The rules of equity govern any part of a partition proceeding that the law or these rules do not address (Rule 776).