§ 28-15-106 — Disposition of property at death

(a) One-half of the property to which this chapter applies belongs to the surviving community-property spouse of a decedent and is not subject to disposition by the decedent at death. (b) One-half of the property to which this chapter applies belongs to the decedent and is subject to disposition by the decedent at death. (c) The property that belongs to the decedent under subsection (b) is not subject to the elective-share right of the surviving community-property spouse. (d) Except for the purpose of calculating the augmented estate of the decedent and the elective-share right of the surviving community-property spouse, this section does not apply to property transferred by right of survivorship or under a revocable trust or other nonprobate transfer. (e) This section does not limit the right of a surviving community-property spouse to allowances under § 28-39-101 et seq., § 28-39-201 et seq., § 28-39-301 et seq., and § 28-39-401 et seq. (f) If at death a decedent purports to transfer to a third person property that, under this section, belongs to the surviving community-property spouse and transfers other property to the surviving community-property spouse, this section does not limit the authority of the court under other law of this state to require that the community-property spouse elect between retaining the property transferred to the community-property spouse or asserting rights under this chapter.

Legislative History

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