Any person interested as or through a personal representative, trustee, guardian,
conservator, 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, an infant, a mentally ill or deficient
person, or an insolvent, 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;
2. To direct the personal representatives 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.
Notes of Decisions
Cited in
4
cases, 1993–2019 · leading case:
Est. of Brandt, 2019 ND 87, 924 N.W.2d 762.
Est. of Brandt, 2019 ND 87, 924 N.W.2d 762.
· cites it 4× “" See also N.D.C.C. § 32-23-04 (authorizing declaratory relief of rights involving estate).”
Brakke v. Bell State Bank & Trust, 2017 ND 34, 890 N.W.2d 549.
· cites it 2× “See also N.D.C.C. § 32-23-04 (describing determinations by declaratory judgment for rights in a trust).”
Cook v. Hansen, 499 N.W.2d 94 (N.D. 1993).
· cites it 4× “[3] Contrary to the District Court's conclusion, this case is not one properly brought as a declaratory judgment action under Section 32-23-04, N.D.C.C. A review of that statute reveals that an action for ownership of the cattle does not easily fit into any of the three…”
Est. of Brandt, 2019 ND 87.
· cites it 4× “” See also N.D.C.C. § 32-23-04 (authorizing declaratory relief of rights involving estate).”
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