(1) This chapter applies to an action to partition real property filed after the effective date of this chapter.

    (2) In an action to partition real property under chapter 33, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property must be partitioned under this chapter unless all of the cotenants otherwise agree in a record.

    (3) This chapter supplements chapter 33. However, if an action is governed by this chapter, it supersedes the provisions of chapter 33 that are inconsistent with this chapter.