In the Estate of Mitchell

OPINION

Opinion by

Chief Justice CORNELIUS.

This appeal arises out of a challenge to the court approved partition and sale of Simon and Margie Mitchell’s community property homestead. Simon died intestate in 1994; Margie died intestate in 1996. The estate property includes the marital domicile, a house appraised at approximately $43,300.00.

In August 1997, appellee Joyce Dobbins, Margie’s sister, applied to the probate court to be appointed independent administrator of Margie’s estate. Dobbins also asked the court for a declaration of heir-ship specifying the interest of Margie’s seven sisters…