Texas Civil Practice and Remedies Code

§ 37.005 — DECLARATIONS RELATING TO TRUST OR ESTATE

CP § 37.005Title 2. TRIAL, JUDGMENT, AND APPEAL · Part C. JUDGMENTS · Ch. 37. DECLARATORY JUDGMENTS

Statute text

A person interested as or through an executor or administrator, including an independent executor or administrator, a trustee, guardian, 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, mentally incapacitated person, or insolvent may have a declaration of rights or legal relations in respect to the trust or estate:

(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 trust or estate, including questions of construction of wills and other writings; or

(4)to determine rights or legal relations of an independent executor or independent administrator regarding fiduciary fees and the settling of accounts.

Legislative history

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 167, Sec. 3.08(a), eff. Sept. 1, 1987; Acts 1999, 76th Leg., ch. 855, Sec. 10, eff. Sept. 1, 1999.