North Carolina § 1-255 - Who may apply for a declaration.

§ 1-255. Who may apply for a declaration.

Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, a minor, an incompetent person, or an insolvent person, may have a declaration of rights or legal relations in respect thereto: To ascertain any class of creditors, devisees, heirs, next of kin or others; or To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. To determine the apportionment of the federal estate tax, interest and penalties under the provisions of Article 27 of Chapter 28A. History (1931, c. 102, s. 3; 1985 (Reg. Sess., 1986), c. 878, s. 2; 2011-29, s. 1; 2011-284, s. 2.) Effect of Amendments. - Session Laws 2011-29, s. 1, effective April 7, 2011, substituted "a minor, an incompetent person, or an insolvent person" for "an infant, lunatic, or insolvent" in the introductory paragraph. Session Laws 2011-284, s. 2, effective June 24, 2011, deleted "legatee" following "devisee" in the introductory paragraph, and deleted "legatees" following "devisees" in subdivision (1).