SB 265 — Uniform Community Property Disposition at Death Act Amendments

(5) "Person" means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(6) "Personal representative" includes an executor, administrator, successor personal representative, special administrator, and other person that performs substantially the same function.

(7) "Property" means anything that may be the subject of ownership, whether real or personal, tangible or intangible, legal or equitable, or any interest therein.

(8) "Reclassify" means change the characterization or treatment of community property to property owned separately by community-property spouses.

(9) "Record" means information:

(a) inscribed on a tangible medium;

or (b) stored in an electronic or other medium and retrievable in perceivable form.

(10) "Sign" means, with present intent to authenticate or adopt a record:

(a) execute or adopt a tangible symbol;

or (b) attach to or logically associate with the record an electronic symbol, sound, or process.

(11)(a) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any other territory or possession subject to the jurisdiction of the United States.

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265 03-02 10:53 (b) "State" includes a federally recognized Indian tribe.

Section 2.

Section 75-2c-102 is enacted to read:

75-2c-102 .

Included and excluded property.

(1) Subject to Subsection (2), this chapter applies to the following property of a community-property spouse, without regard to how the property is titled or held:

(a) if a decedent was domiciled in this state at the time of death:

(i) all or a proportionate part of each item of personal property, wherever located, that was community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property:

(A) was acquired;

or (B) after acquisition, became community property;

(ii) income, rent, profit, appreciation, or other increase derived from or traceable to property described in Section (1)(a)(i);

and (iii) personal property traceable to property described in Subsection (1)(a)(i) or (a)(ii);

and (b) regardless whether a decedent was domiciled in this state at the time of death:

(i) all or a proportionate part of each item of real property located in this state traceable to community property or acquired with community property under the law of the jurisdiction where the decedent or the surviving community-property spouse was domiciled when the property:

(A) was acquired;

or (B) after acquisition, became community property;

and (ii) income, rent, profit, appreciation, or other increase, derived from or traceable to property described in Subsection (1)(b)(i).

(2) If community-property spouses acquired community property by complying with the law of a jurisdiction that allows for creation of community property by transfer of property to a trust, this chapter applies to the property only to the extent the property is held in the trust or characterized as community property by the terms of the trust or the law of the jurisdiction under which the trust was created.

(3) This chapter does not apply to property that:

(a) community-property spouses have partitioned or reclassified;

or (b) is the subject of a waiver of rights granted by this chapter.

Section 3.

Section 75-2c-103 is enacted to read:

75-2c-103 .

Form of partition, reclassification, or waiver.

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265 (1)(a) Community-property spouses domiciled in this state may partition or reclassify property to which this chapter otherwise would apply.

(b) The partition or reclassification must be in a record signed by both community-property spouses.

(2) A community-property spouse domiciled in this state may waive a right granted by this chapter only by complying with the law of this state, including this state's choice-of-law rules, applicable to waiver of a spousal property right.

Section 4.

Section 75-2c-104 is enacted to read:

75-2c-104 .

Community property presumption.

All property acquired by a community-property spouse when domiciled in a jurisdiction where community property then could be acquired by the community-property spouse by operation of law is presumed to be community property.

This presumption may be rebutted by a preponderance of the evidence.

Section 5.

Section 75-2c-105 is enacted to read:

75-2c-105 .

Disposition of property at death.

(1) One-half of the property to which this chapter applies belongs to the surviving community-property spouse of a decedent and is not subject to disposition by the decedent at death.

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

(3) The property that belongs to the decedent under Subsection (2) is not subject to the elective-share right of the surviving community-property spouse.

(5) This section does not limit the right of a surviving community-property spouse Ŝ→ [[to {to } ] ←Ŝ Ŝ→ [[Section {Section75-2-207] 75-2-207}under ]under Sections 75-2-402, 75-2-403, and 75-2-405 ←Ŝ .

(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 1of -the Senatecourt Committeeunder Amendmentsother 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 chapter.

Section 6.

Section 75-2c-106 is enacted to read:

75-2c-106 .

Other remedies available at death.

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265 03-02 10:53 (1) At 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-property 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 under Subsection (1) and 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.

Section 7.

Section 75-2c-107 is enacted to read:

75-2c-107 .

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 chapter in accordance with the following rules:

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

(i) not later than three 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 (ii) not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative.

(b) In an action other than an action under Subsection (1)(a), the surviving community-property spouse must (i) not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative;

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), 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.

Section 8.

Section 75-2c-108 is enacted to read:

75-2c-108 .

Right of heir, devisee, or nonprobate transferee.

An heir, devisee, or nonprobate transferee of a deceased community-property spouse - 6 - 03-02 10:53 S.B.

265 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 heir, devisee, or nonprobate transferee must:

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

or (b) not later than six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative.

(2) In an action other than an action under Subsection (1), the heir, devisee, or nonprobate transferee must:

(a) not later than six months after the 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 three years after the death of the decedent.

Section 9.

Section 75-2c-109 is enacted to read:

75-2c-109 .

Protection of third person.

(1) With respect to property to which this chapter applies, a person is not liable under this chapter to the extent the person:

(a) transacts in good faith and for value:

(i) with a community-property spouse;

or (ii) after the death of the decedent, with a surviving community-property spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent;

and (b) does not know or have reason to know that the other party to the transaction is exceeding or improperly exercising the party's authority.

(2) Good faith under Subsection (1)(a) does not require the person to inquire into the extent or propriety of the exercise of authority by the other party to the transaction.

Section 10.

Section 75-2c-110 is enacted to read:

75-2c-110 .

Principles of law and equity.

The principles of law and equity supplement this chapter except to the extent inconsistent with this chapter.

Section 11.

Section 75-2c-111 is enacted to read:

75-2c-111 .

Uniformity of application and construction.

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265 03-02 10:53 In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.

Section 12.

Section 75-2c-112 is enacted to read:

75-2c-112 .

Saving provision.

If a right with respect to property to which this chapter applies is acquired, extinguished, or barred on the expiration of a limitation period that began to run under another statute before May 6, 2026, that statute continues to apply to the right even if the statute has been repealed or superseded by this chapter.

Section 13.

Section 75-2c-113 is enacted to read:

75-2c-113 .

Transitional provision.

Except as provided in Section 75-2c-112, this chapter applies to a judicial proceeding with respect to property to which this chapter applies commenced on or after May 6, 2026, regardless of the date of death of the decedent.

Section 14.

Section 75-2c-114 is enacted to read:

75-2c-114 .

Severability.

If a provision of this chapter or this chapter's application to a person or circumstance is held invalid, the invalidity does not affect another provision or application that can be given effect without the invalid provision.

Section 15.

Repealer.

This bill repeals:

Section 75-2b-102, Application.

Section 75-2b-103, Rebuttable presumptions.

Section 75-2b-104, Disposition upon death.

Section 75-2b-105, Perfection of title of surviving spouse.

Section 75-2b-106, Perfection of title of personal representative, heir or devisee.

Section 75-2b-107, Purchaser for value or lender.

Section 75-2b-108, Creditor's rights.

Section 75-2b-109, Acts of married persons.

Section 75-2b-110, Limitations on testamentary disposition.

Section 75-2b-111, Uniformity of application and construction.

Section 16.

Effective Date.

This bill takes effect on May 6, 2026.

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