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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 7535 (2026)

 Rights of fiduciaries and other persons.

✓ current as of May 2026
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§ 7535.  Rights of fiduciaries and other persons.

Any person interested, as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration 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 respect thereto:

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

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

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

 

Cross References.  Section 7535 is referred to in section 7536 of this title.

Notes of Decisions
Cited in 11 cases, 1979–2017 · leading case: Pennsylvania Env't Def. Found. v. Commonwealth, 161 A.3d 911 (Pa. 2017).
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Pennsylvania Env't Def. Found. v. Commonwealth, 161 A.3d 911 (Pa. 2017). “42 Pa.C.S. § 7535. . Shortly after the Commonwealth Court issued its decision, and while the lawsuit was pending, Governor Wolf imposed a moratorium on additional leases of state forest and park land, effective January 29, 2015.”
Est. of Sewell, 409 A.2d 401 (Pa. 1979). “§ 834 (1953), renumbered, 42 Pa.C.S. § 7535. ^ See also Restatement (Second) of Trusts, supra at § 259 (“[t]he trustee is entitled to apply to the court for instructions as to the administration of the trust if there is reasonable doubt as to his duties or powers as trustee”).”
In Re Est. of Getz, 611 A.2d 778 (Pa. Commw. Ct. 1992). · cites it 2× “Executor therefore requested that the trial court render a declaratory judgment pursuant to 42 Pa.C.S. § 7535 1 determining testator’s domicile at the time of his death.”
In Re Steinsapir, 572 A.2d 1270 (Pa. 1990). “42 Pa.C.S. § 7535(3) provides in relevant part that any trustee interested in the administration of a trust may bring a declaratory action to have his rights with respect to the trust determined.”
Pennsylvania Env't Def. Found. v. Commonwealth, 161 A.3d 911 (Pa. 2017). “42 Pa.C.S. § 7535. . Shortly after the Commonwealth Court issued its decision, and while the lawsuit was pending, Governor Wolf imposed a moratorium on additional leases of state forest and park land, effective January 29, 2015.”
PA Env. Def. Fdn., Aplt. v. Gov. Wolf (Pa. 2017). “17 The court narrowed the remaining issues before it to three questions: (1) Whether Sections 1602–E and 1603–E of the Fiscal Code, which respectively provide that the General Assembly shall appropriate all royalty monies [of] the Lease Fund and (…continued) 42 Pa.C.S. § 7535.…”
Pennsylvania Trust Co. v. Leiden, M. (Pa. Super. Ct. 2017). “42 Pa.C.S. § 7535 (emphasis added). The Trustees brought their action pursuant to this provision, and they have standing under it.”
In Re: Est. of Borzik, J., Appeal of: Batis, M. (Pa. Super. Ct. 2015). “See 42 Pa.C.S. § 7535(c). Our standard of review in a will contest is limited to determining whether the court’s findings of fact are supported by sufficient evidence and whether the court abused its discretion or committed an error of law.”
Harty Est., 5 Pa. D. & C.4th 138 (1989). “Harty, has filed a petition for declaratory judgment pursuant to 42 Pa.C.S. §7535 for direction in the administration of the estate.”
Klopp Est., 9 Pa. D. & C.4th 201 (1990). “, The case is before the court on an executor’s request for a declaratory judgment pursuant to 42 Pa.C.S. §7535. The issue is whether a spouse who is a surviving tenant on an entireties account should be reimbursed for monies which were advanced from the account by the spouse…”
DeAngelo Est., 12 Pa. D. & C.4th 12 (1991). “,, — Pursuant to 42 Pa.C.S. §7535 Louis DeAngelo and Thomas B.”
— 42 Pa. Cons. Stat. § 7535(3) — 1 case
In Re Steinsapir, 572 A.2d 1270 (Pa. 1990). “42 Pa.C.S. § 7535(3) provides in relevant part that any trustee interested in the administration of a trust may bring a declaratory action to have his rights with respect to the trust determined.”
— 42 Pa. Cons. Stat. § 7535(c) — 1 case
In Re: Est. of Borzik, J., Appeal of: Batis, M. (Pa. Super. Ct. 2015). “See 42 Pa.C.S. § 7535(c). Our standard of review in a will contest is limited to determining whether the court’s findings of fact are supported by sufficient evidence and whether the court abused its discretion or committed an error of law.”
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