Terms Used In Louisiana Code of Civil Procedure 1874

  • Decedent: A deceased person.
  • Executor: A male person named in a will to carry out the decedent
  • 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.
  • Legatee: A beneficiary of a decedent
  • Trustee: A person or institution holding and administering property in trust.

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:

(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.