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Tex. Civ. Prac. & Rem. Code § 37.005

DECLARATIONS RELATING TO TRUST OR ESTATE

Known as the Uniform Declaratory Judgments Act

The act spans §§ 37–37 (12 sections).

Applied in 11 court decisions — leading case Hunter v. NCNB Texas National Bank (1993)

Most recently applied in in Re Darla Lexington O'Quinn (November 2011)

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff

How often courts cite this section

1989199020002010201120
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.