(a) Persons Interested Under Deeds—Wills—Contracts—Statutes and the Like. Any person interested under a deed, will, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.
Rule 87.02.Who May Obtain Declaration of Rights or Other Legal Relations.
Part III · Rule 87: Declaratory Judgments · Last amended January 1, 1981 · Last verified July 22, 2026
In one sentenceRule 87.02 lists who may seek a declaratory judgment, including anyone interested under a deed, will, contract, statute, or ordinance, fiduciaries and beneficiaries in estate or trust matters, and anyone challenging an agency rule, without limiting relief to only those listed situations.
Full Text of Rule 87.02
(b) Trusts, Infants, Lunatics, Incompetents. 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; 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.
(c) Declaratory Judgment in Respect to Agency Rules. The power of the courts of this state to render declaratory judgments shall extend to declaratory judgments respecting the validity of agency rules, or of threatened applications thereof, and such suits may be maintained against agencies whether or not the plaintiff has first requested the agency to pass upon the question presented.
(d) Enumeration Not Exclusive. The foregoing enumeration of instances in which persons may obtain relief by declaratory judgments is illustrative, and anyone may obtain such relief in any instance in which it will terminate a controversy or remove an uncertainty.
Amendment History
Amended June 10, 1980, eff. Jan. 1, 1981.
Official Comment
Note: This rule is substantially Sections 527.020, 527.040 and 527.050, RSMo 1959.
Plain-English Summary
Rule 87.02 defines the reach of declaratory relief in four parts. Part (a) covers anyone interested under a deed, will, written contract, statute, municipal ordinance, contract, or franchise whose rights or status are affected — that person may ask a court to construe the document or determine its validity and declare the resulting rights.
Part (b) turns to trusts and estates. Executors, administrators, trustees, guardians, creditors, devisees, legatees, heirs, and others with a stake in an estate or trust may seek a declaration to identify a class of beneficiaries, direct a fiduciary to act or refrain from acting, or resolve any question arising in the administration of the estate or trust, including how a will or other document should be construed.
Part (c) extends declaratory relief to challenges against agency rules, letting a party sue an agency over the validity of its rules or a threatened application of them, without first having to ask the agency itself to rule on the question. Part (d) then makes clear that none of this list is exhaustive — a person may obtain declaratory relief in any situation where doing so will end a controversy or remove an uncertainty, even one not specifically described in the rule.
Frequently Asked Questions
Who can bring a declaratory judgment action under Rule 87.02?
Anyone interested under a deed, will, contract, statute, ordinance, or franchise; fiduciaries and beneficiaries in trust or estate matters; and anyone challenging the validity of an agency rule, among others.
Can a party sue an agency over its rules without first asking the agency to decide?
Yes. Part (c) allows a declaratory judgment suit over an agency rule's validity even if the plaintiff never first asked the agency to rule on the question.
Is the list of situations in Rule 87.02 the only way to get declaratory relief?
No. Part (d) says the listed examples are illustrative, and anyone may obtain declaratory relief in any case that would end a controversy or remove an uncertainty.
Can a trustee ask a court to clarify duties under a trust?
Yes. Part (b) lets a trustee or other fiduciary seek a declaration to determine questions arising in the administration of a trust or estate, including directions to act or not act.
Can heirs or creditors of an estate seek declaratory relief?
Yes. Part (b) includes creditors, devisees, legatees, heirs, and next of kin among those who may seek a declaration regarding the administration of an estate.
Does Rule 87.02 let someone challenge the validity of a municipal ordinance?
Yes, part (a) covers persons whose rights are affected by a municipal ordinance and lets them seek a declaration about its construction or validity.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Missouri State & Federal Court Rules, adopted by the
Supreme Court of Missouri. Last verified July 22, 2026. ·
Official source
Also known as: declaratory judgment actiondeclaratory reliefwho can sue for declaratory judgmentconstruction of contracts and statutesagency rule challenge