§ 15-20-103 — Included and excluded property

(1) Subject to subsection (3)(b)
of this section, this act applies to the following property of a community property
spouse, without regard to how the property is titled or held:

(a) If a decedent was domiciled in this state at the time of death:

(I) 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:

(A) Was acquired; or

(B) After acquisition, became community property;

(II) Income, rent, profit, appreciation, or other increase derived from or
traceable to property described in subsection (1)(a)(I) of this section; and

(III) Personal property traceable to property described in subsection (1)(a)(I)
or (1)(a)(II) of this section.

(2) 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 act applies to the property 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.

(3) This act does not apply to property that:

(a) Community property spouses have partitioned or reclassified;

(b) Is the subject of a waiver of rights granted by this act; or

(c) Is acquired by spouses domiciled in this state that is not property
identified in subsections (1) and (2) of this section.

Legislative History

Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 102, � 1, effective July 1.