§ 25-21,152.Fiduciary or interested person; action to declare rights.

Section 25-21,152 extends declaratory relief into estate and trust administration. Anyone interested as, or through, an executor, administrator, trustee, guardian, or other fiduciary, or as a creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust or the estate of a decedent, an infant, a person with a mental disorder, or an insolvent, may obtain a declaration of rights or legal relation regarding that administration.

The section lists three specific uses for this kind of declaration. It can ascertain a class of creditors, devisees, legatees, heirs, next of kin, or others whose identities or shares might otherwise be uncertain. It can direct an executor, administrator, or trustee to do, or to abstain from doing, a particular act in a fiduciary capacity — useful when a fiduciary is unsure whether a proposed step is within their authority. And it can determine any question arising in the administration of the estate or trust, including questions about how a will or other writing should be construed.