Current with legislation from 2024 Fiscal and Special Sessions.
Section 28-15-109 - Right of heir, devisee, or nonprobate transfereeAn heir, devisee, or nonprobate transferee of a deceased community-property spouse 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 paragraph (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.Added by Act 2023, No. 582,§ 1, eff. 8/1/2023.