State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-255

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

Any person interested as orthrough an executor, administrator, trustee, guardian or other fiduciary,creditor, devisee, legatee, heir, next of kin, or cestui que trust, in theadministration of a trust, or of the estate of a decedent, an infant, lunatic,or insolvent, may have a declaration of rights or legal relations in respectthereto:

(1)        To ascertain anyclass of creditors, devisees, legatees, heirs, next of kin or others; or

(2)        To direct theexecutors, administrators, or trustees to do or abstain from doing anyparticular act in their fiduciary capacity; or

(3)        To determine anyquestion arising in the administration of the estate or trust, includingquestions of construction of wills and other writings.

(4)        To determine theapportionment of the federal estate tax, interest and penalties under theprovisions of Article 27 of Chapter 28A. (1931, c. 102, s. 3; 1985(Reg. Sess., 1986), c. 878, s. 2.)