For a partition pursuant to section 1 of Rule 74 to be valid, the following conditions must concur: (1) the decedent left no will; (2) the decedent left no debts, or if there were debts left, all had been paid; (3) the heirs are all of age, or if they are minors, the latter are represented by their judicial guardian or legal representatives; (4) the partition was made by means of a public instrument or affidavit duly filed with the Register of Deeds.