§ 28-15-108 — Right of surviving community-property spouse

(a) The surviving community-property spouse of the decedent may assert a claim for relief with respect to a right under this chapter in accordance with the following rules: (1) In an action asserting a right in or to property, the surviving community-property spouse must: (A) not later than three years after the death of the decedent, commence an action against an heir, devisee, or nonprobate transferee of the decedent that is in possession of the property; or (B) not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative. (2) In an action other than an action under paragraph (1), the surviving community-property spouse must: (A) not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative; or (B) if a personal representative is not appointed, commence the action not later than three years after the death of the decedent. (b) Unless a timely demand is made under subsection (a)(1)(B) or (2)(A), the personal representative may distribute the assets of the decedent's estate without personal liability for a community-property spouse's claim under this chapter.

Legislative History

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