§ 37.005.Declarations Relating to Trust or Estate

A provision for administration disputes, and the list of who may bring it is long for a reason.

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 may seek a declaration in the administration of a trust or of the estate of a decedent, an infant, mentally incapacitated person, or insolvent.

The breadth reflects how many people an administration touches. A trustee, a beneficiary, a creditor and an heir may each need the same question answered, and any of them may ask.

"Cestui que trust" is the old term for a trust beneficiary, and its survival dates the drafting.

Four subjects are listed.

To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others. Who is entitled, and in what capacity — a question that can be far from clear where a will describes a class.

To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity.

That is the provision a cautious fiduciary uses. A trustee unsure whether a proposed sale or distribution is within their powers can obtain a direction rather than act and be surcharged later.

To determine any question arising in the administration, including questions of construction of wills and other writings. Will construction is the classic subject.

To determine rights or legal relations of an independent executor or independent administrator regarding fiduciary fees and the settling of accounts.

The fourth is specific to Texas practice. Independent administration proceeds largely without court supervision, which leaves an independent executor with no ready forum for a question about fees or accounts. This supplies one.