NC General Statutes

N.C. Gen. Stat. § 1-255 (2026)

Who may apply for a declaration

✓ current as of July 2026

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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:

(1) To ascertain any class of creditors, devisees, heirs, next of kin or others; or

(2) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

(4) To determine the apportionment of the federal estate tax, interest and penalties under the provisions of Article 27 of Chapter 28A. (1931, c. 102, s. 3; 1985 (Reg. Sess., 1986), c. 878, s. 2; 2011-29, s. 1; 2011-284, s. 2.)

Notes of Decisions

Cited in 20 cases (1 in the last 5 years), 1945–2024 · leading case: Augur v. Augur, 573 S.E.2d 125 (N.C. 2002).

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Augur v. Augur, 573 S.E.2d 125 (N.C. 2002). · cites it 3× “§ 1-254 (courts have the “power” to construe and validate legal instruments); see also N.C.G.S. § 1-255 (describing those who may “apply” for declaratory relief).”

Asheville Lakeview Props., LLC v. Lake View Park Comm'n, Inc., 803 S.E.2d 632 (N.C. Ct. App. 2017). · cites it 4× “N.C. Gen. Stat. § 1-255 (2015). “[A] declaratory judgment should issue (1) when [it] will serve a useful purpose in clarifying and settling the legal relations at issue, and (2) when it will terminate and afford relief from the uncertainty, insecurity and controversy giving rise…”

State v. Hunter, 227 S.E.2d 535 (N.C. 1976). · cites it 2× “§ 1-255 of the Code of Laws of South Carolina (1962) provides: "The solicitors may defend any persons brought to trial before any criminal courts of this State when their duty shall not require them to prosecute such persons and their assistance shall not be required against…”

Penley v. Penley, 332 S.E.2d 51 (N.C. 1985). “1-254 and G.S. 1-255 provide, in pertinent part, that any person interested under a “written contract,” or other instrument or “as or through” a fiduciary or “in the administration” of an estate may obtain a declaration of rights or other legal relations thereunder.”

Livesay v. Carolina First Bank, 683 S.E.2d 453 (N.C. Ct. App. 2009). · cites it 5× “In contrast, plaintiff argues that her declaratory judgment action in the superior court is authorized by N.C. Gen. Stat. § 1-255 , which provides [a]ny person interested as or through an executor, administrator, trustee, guardian or other fiduciary, creditor, devisee, legatee,…”

Jefferys v. Tolin, 368 S.E.2d 201 (N.C. Ct. App. 1988). · cites it 2× “While I recognize an administrator's right to bring an action for a declaration of rights or legal relations under G.S. 1-255 in order to ascertain a class of creditors, devisees, legatees, heirs, next of kin or others, I do not acknowledge a right to appellate review of a…”

Branch Banking & Trust Co. v. Staples, 461 S.E.2d 921 (N.C. Ct. App. 1995). · cites it 2× “) *230 G.S. § 1-255 provides, in pertinent part: Any person interested as or through an executor, administrator, trustee, guardian or other fiduciary .”

Little v. Wachovia Bank & Trust Co., 113 S.E.2d 689 (N.C. 1960). “in the adminis *243 tration of a trust, or of the estate of a decedent . . . may have a declaration of rights or legal relations in respect thereto .”

Dickey v. Herbin, 108 S.E.2d 632 (N.C. 1959). “may have a declaration of rights or legal relations in respect thereto: (a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin or others; or (b) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their…”

Citizens Nat'l Bank v. Corl, 33 S.E.2d 613 (N.C. 1945). “When originally drawn it was not contemplated that any conflict would arise between the second and third clauses in Item Eight of the will.”

Cunningham v. Brigman, 139 S.E.2d 353 (N.C. 1964). “00 per month to be paid to the appellant by the trustee during the life of the trust, and then by the testator’s children thereafter during her life, or until she remarries.”

James v. Hunt, 258 S.E.2d 481 (N.C. Ct. App. 1979). “” and G.S. 1-255 sets out those who may apply for a declaration of rights or legal relations with respect to trusts or estates of decedents, infants, lunatics, or insolvents.”

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— N.C. Gen. Stat. § 1-255(3) — 3 cases

Sherrod v. Any Child or Child. Hereafter Born to Watson N. Sherrod, 308 S.E.2d 904 (N.C. Ct. App. 1983).

Sherrod v. Any Child, Etc., Born to Sherrod, 320 S.E.2d 669 (N.C. 1984).

Wing v. Wachovia Bank & Trust Co., 261 S.E.2d 279 (N.C. Ct. App. 1980).

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