§ 15-20-109 — Right of heir, devisee, or nonprobate transferee

(1) An heir,
devisee, or nonprobate transferee of a deceased community property spouse may
assert a claim for relief with respect to a right under this act pursuant to the
following rules:

(a) In an action asserting a right in or to property, the heir, devisee, or
nonprobate transferee must:

(I) Commence an action against the surviving community property spouse of
the decedent who is in possession of the property, not later than three years after
the death of the decedent; or

(II) Send a demand in a record to the personal representative, not later than
the time periods set forth in section 15-12-803.

(b) In an action other than an action pursuant to subsection (1)(a) of this
section, the heir, devisee, or nonprobate transferee must:

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

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

(2) Unless a timely demand is made under subsection (1)(a)(II) or (1)(b)(I) of
this section, the personal representative may distribute the assets of the
decedent's estate without personal liability for an heir's, devisee's, or nonprobate
transferee's claim under this act.

Legislative History

Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 105, � 1, effective July 1.