Partition of estate already assigned.
Section 762
SEC. 762. Partition of estate already assigned. — Where the real estate assigned to two or more heirs, devisees, or legatees is in common and undivided, and their respective shares are not separated and distinguished, partition and distribution of the same, wherever situated, may be made, upon application to the court or judge having jurisdiction of the estate by any party in interest, by petition for that purpose. Upon the filing of the petition the court or judge shall appoint a committee to make the partition, and the proceedings of such committee, and of the court in its action upon the report of the committee, shall be in all respects the same as those in this Code provided for partition of real estate by action. Such partition may be made although some of the original heirs or devisees have conveyed their shares to other persons; and such shares shall be set to the persons holding the same as they would have been to the heirs or devisees. The whole estate may be assigned to one or more of the heirs or may be sold under the directions of the court as provided in this Code in relation to partition of real estate by action. The fees of the committee shall be the same as those provided in this Code for committees for partition of real estate by action.