§ 28-15-103 — Included and excluded property

(a) Subject to subsection (b), this chapter applies to the following property of a community-property spouse, without regard to how the property is titled or held: (1) if a decedent was domiciled in this state at the time of death: (A) all or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property: (i) was acquired; or (ii) after acquisition, became community property; (B) income, rent, profit, appreciation, or other increase derived from or traceable to property described in subparagraph (A); and (C) personal property traceable to property described in subparagraph (A) or (B); and (2) regardless whether a decedent was domiciled in this state at the time of death: (A) all or a proportionate part of each item of real property located in this state traceable to community property or acquired with community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property: (i) was acquired; or (ii) after acquisition, became community property; and (B) income, rent, profit, appreciation, or other increase, derived from or traceable to property described in subparagraph (A). (b) If community-property spouses acquired community property by complying with the law of a jurisdiction that allows for creation of community property by transfer of property to a trust, this chapter applies to the property only to the extent the property is held in the trust or characterized as community property by the terms of the trust or the law of the jurisdiction under which the trust was created. (c) This chapter does not apply to property that: (1) community-property spouses have partitioned or reclassified; or (2) is the subject of a waiver of rights granted by this chapter.

Legislative History

Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.