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N.C. Gen. Stat. § 1-255

Who may apply for a declaration

Known as the Uniform Declaratory Judgment Act

The act spans §§ 1-253 to 1-267 (15 sections).

Applied in 2 court decisions — leading case 254 N.C. App. 348 - Asheville Lakeview Props., LLC v. Lake View Park Comm'n, Inc. (2017)

Most recently applied in 254 N.C. App. 348 - Asheville Lakeview Props., LLC v. Lake View Park Comm'n, Inc. (July 2017)

1931, c. 102, s. 3; 1985 (Reg

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.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.