§ 15-20-108 — Right of surviving community property spouse

(1) The surviving
community property spouse of the decedent may assert a claim for relief with
respect to a right under this act in accordance with the following:

(a) In an action asserting a right in or to property, the surviving community
property spouse must:

(I) Commence an action against an heir, devisee, or nonprobate transferee of
the decedent that is in possession of the property not later than three years after
the death of the decedent; or

(II) After the appointment of the personal representative of the decedent,
send a demand in a record to the personal representative not later than the time
periods set forth in section 15-12-803; and

(b) In an action other than an action pursuant to subsection (1)(a) of this
section, the surviving community property spouse must:

(I) After the appointment of the personal representative of the decedent,
send a demand in record to the personal representative not later than the time
periods set forth in section 15-12-803; or

(II) If a personal representative is not appointed, commence an action not
later than three years after the death of the decedent.

(2) Unless a timely demand is made under subsection (1)(a)(I) or (1)(b)(I) of this
section, the personal representative may distribute the assets of the decedent's
estate without personal liability for a community property spouse's claim under this
act.

Legislative History

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