§ 15-20-106 — Disposition of property at death

(1) One-half of the property to
which this act applies belongs to the surviving community property spouse of a
decedent and is not subject to disposition by the decedent at death or distribution
under the laws of succession of this state as a result of the decedent's death.

(2) One-half of the property to which this act applies belongs to the
decedent and is subject to disposition by the decedent at death.

(3) For purposes of calculating the augmented estate of the decedent and
the elective-share right of the surviving community property spouse:

(a) Property under subsection (1) of this section is property of the surviving
community property spouse; and

(b) Property under subsection (2) of this section is property of the decedent.

(4) Except for the purpose of calculating the augmented estate of the
decedent and the elective share right of the surviving community property spouse
pursuant to part 2 of article 11 of this title 15, this section does not apply to property
transferred by right of survivorship or under a revocable trust or other nonprobate
transfer.

(5) This section does not limit the right of a surviving community property
spouse to the statutory allowances pursuant to sections 15-11-402, 15-11-403, and
15-11-404.

(6) 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 act.

Legislative History

Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 103, � 1, effective July 1.