§ 15-20-107 — Other remedies available at death

(1) Upon the death of a
community property spouse, the surviving community property spouse or a personal
representative, heir, or nonprobate transferee of the decedent may assert a right
based on an act of:

(a) The surviving community spouse or decedent during the marriage or
other relationship under which community property then could be acquired; or

(b) The decedent that takes effect at the death of the decedent.

(2) In determining a right pursuant to subsection (1)(a) of this section, and a
corresponding remedy, the court:

(a) Shall apply equitable principles; and

(b) May consider the community property law of the jurisdiction where the
decedent or surviving community property spouse was domiciled when property
was acquired or enhanced.

Legislative History

Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 104, � 1, effective July 1.