District of Columbia § 19-2308 Right of surviving community-property spouse.

District of Columbia Statutes

§ 19-2308 — Right of surviving community-property spouse.

District of Columbia § 19-2308

Title 19Descent, Distribution, and Trusts. [Enacted title]

Ch. 23Uniform Community Property Disposition at Death Code.

This text of District of Columbia § 19-2308 (Right of surviving community-property spouse.) is published on Counsel Stack Legal Research, covering District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D.C. Code § 19-2308 (2026).

Text

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

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

(A)Not later than 3 years after the death of the decedent, commence an action against an heir, devisee, or nonprobate transferee of the decedent that is in possession of the property; or

(B)Not later than 6 months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative; and

(2)In an action other than an action under paragraph (1) of this subsection, the surviving community-property spouse must:

(A)Not later than 6 months after appo

Free access — add to your briefcase to read the full text and ask questions with AI

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

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

(A) Not later than 3 years after the death of the decedent, commence an action against an heir, devisee, or nonprobate transferee of the decedent that is in possession of the property; or

(B) Not later than 6 months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative; and

(2) In an action other than an action under paragraph (1) of this subsection, the surviving community-property spouse must:

(A) Not later than 6 months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative; or

(B) If a personal representative is not appointed, commence the action not later than 3 years after the death of the decedent.

(b) Unless a timely demand is made under subsection (a)(1)(B) or (2)(A) 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 chapter .