Also known as:interested persons · party in interest
Written by attorneys · grounded in primary & secondary sources — see below
A person having a property right in or claim against a thing such as a trust or decedent's estate. The term extends to any entity with a direct stake that entitles it to notice or participation in related proceedings.
Sources & Authorities
How it applies
Common Examples
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Inventory Request by Heir
Ike Ingram was appointed personal representative of his uncle's estate. Three months later he prepared the required inventory of assets. When India Inoue, a devisee under the will, requested a copy, Ike mailed it to her as an interested person.
Agency Rulemaking Participation
Isla Ireland operated a small reactor near the proposed site. When the agency issued notice of a new safety rule, she submitted comments as an interested person with a direct stake in the outcome.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Study Supplements
Dictionaries
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
Paternity Claim Against Estate
Isaac Irving filed an action to establish that the decedent was his father. The court required notice to every other interested party including potential heirs who would take but for the new claim.
Woodward v. Commissioner of Social Security760 N.E.2d 257, 270 (Mass.2002)
Spousal Benefit Dispute
Isabella Ingram's former spouse died with a life insurance policy naming her. State law directed the plan to withhold payment until all beneficiaries and other interested persons consented or a court resolved the claim.
Egelhoff v. Egelhoff532 U.S. 141 (2001)
Environmental Rule Challenge
Imran Iyer lived downstream from a planned nuclear facility. He petitioned to participate in the rulemaking as an interested person whose property values and safety would be directly affected.
Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council435 U.S. 519, 542 (1978)
Standing to Block Development
Ivy Investments owned land adjacent to a proposed national park expansion. It sought to intervene in the suit as an interested person whose economic interests would be harmed by the project.
Sierra Club v. Morton405 U.S. 727 (1972)
Common questions
Frequently Asked
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Who qualifies as an interested person under the Uniform Probate Code?+
An interested person includes anyone with a property right in or claim against a decedent's estate. The personal representative must send a copy of the inventory to any such person who requests it.
Supporting sources
Can an interested person petition the court to determine whether someone killed the decedent?+
Yes. Under UPC § 2-803(g) an interested person may petition the court to decide by a preponderance of the evidence whether an individual would be found criminally accountable for the felonious and intentional killing.
Supporting sources
Does an interested person have standing to seek judicial modification of a trust?+
Yes. Only an interested person has standing to petition for modification of a disposition subject to the rule against perpetuities or other judicial modification.
Supporting sources
What happens if an interested person receives proceeds from a derivative action?+
The interested person must immediately remit the proceeds to the limited liability company or corporation because the recovery belongs to the entity.
Supporting sources
467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)Administrative Law
…," describes the contents of that notice, and goes on to require in subsection (c) that after the notice the agency "shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the…