Any person interested as or through a personal representative, trustee, guardian, conservator, or other fiduciary, creditor, devisee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, a mentally ill or deficient person, or an insolvent, may have a declaration of rights or legal relations in respect thereto:

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Terms Used In North Dakota Code 32-23-04

  • Decedent: A deceased person.
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Trustee: A person or institution holding and administering property in trust.

1.    To ascertain any class of creditors, devisees, heirs, next of kin, or others; 2.    To direct the personal representatives 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.