A 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:
Art. 1874.Interested Person May Obtain Declaration of Rights; Purpose
Book II. Ordinary Proceedings · Title VI. Judgments · Chapter 2. Declaratory Judgments · Amendment history unavailable · Last verified July 30, 2026
In one sentenceArticle 1874 lets fiduciaries, creditors, heirs, and other interested persons connected to a trust or to the estate of a decedent, minor, or interdict ask a court to identify a class of beneficiaries, direct or restrain a fiduciary's particular act, or resolve any question arising in the administration of the estate or trust.
Full Text of Art. 1874
(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; or
(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Plain-English Summary
Administering a trust or a decedent's estate raises questions that a fiduciary cannot always answer alone, and getting them wrong can mean personal liability. Article 1874 gives executors, administrators, trustees, guardians, and other fiduciaries, along with creditors, devisees, legatees, heirs, next of kin, and trust beneficiaries, a way to bring those questions to court in advance rather than guessing.
The article lists three purposes a declaration can serve. It can ascertain a class of creditors, devisees, legatees, heirs, or next of kin when the boundaries of that class are unclear. It can direct a fiduciary to do, or to refrain from doing, a particular act in that fiduciary capacity, letting the fiduciary get guidance before acting rather than defending the choice after the fact. And it can resolve any question that comes up in administering the estate or trust, including how a will or other writing should be construed.
Article 1874 sits alongside Article 1872 as another specific application of the general declaratory power in Article 1871, aimed squarely at the recurring uncertainties of succession and trust administration.
Frequently Asked Questions
Who can use Article 1874 to get a declaration about an estate or trust?
Fiduciaries such as executors, administrators, trustees, and guardians, as well as creditors, devisees, legatees, heirs, next of kin, and trust beneficiaries with an interest in the administration.
Can a trustee ask a court in advance whether a planned action is proper?
Yes. Article 1874 lets a court direct a trustee or other fiduciary to do or abstain from doing a particular act in that capacity.
What is the difference between Article 1874 and Article 1872?
Article 1872 covers written instruments and sources of legal authority generally, while Article 1874 focuses specifically on questions arising in the administration of a trust or a decedent's, minor's, or interdict's estate.
Can Article 1874 be used to interpret a will?
Yes. It expressly covers questions of construction of wills and other writings that arise in administering an estate or trust.
Source & verification. Article text is reproduced verbatim from
the Louisiana Code of Civil Procedure (legis.la.gov). Enacted by the Louisiana Legislature.
Last verified July 30, 2026.
· Official source
Also known as: Louisiana declaratory judgment estate trust administrationArticle 1874 Louisiana Code of Civil Proceduretrustee executor declaration of rights Louisianasuccession administration declaratory relief Louisiana