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§ 28-12-101. Application

This chapter applies to the disposition at death of the following property acquired by a married person: (1) All personal property, wherever situated: (i) Which was acquired as or became, and remained, community property under the laws of another jurisdiction; or (ii) All or the proportionate part of that property acquired with the rents, issues, […]

§ 28-12-102. Rebuttable presumptions

In determining whether this chapter applies to specific property, the following rebuttable presumptions apply: (1) Property acquired during marriage by a spouse of that marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as or to have become, and remained, property […]

§ 28-12-103. Disposition upon death

Upon the death of a married person, one-half (½) of the property to which this chapter applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state. One-half (½) of that property is the property of the decedent […]

§ 28-12-104. Perfection of title of surviving spouse

If the title to any property to which this chapter applies was held by the decedent at the time of death, title of the surviving spouse may be perfected by an order of the court or by execution of an instrument by the personal representative or the heirs or devisees of the decedent with the […]

§ 28-12-105. Perfection of title of personal representative, heir, or devisee

If the title to any property to which this chapter applies is held by the surviving spouse at the time of the decedent’s death, the personal representative or an heir or devisee of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or […]

§ 28-12-106. Purchaser for value or lender

(a) If a surviving spouse has apparent title to property to which this chapter applies, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the personal representative or an heir or devisee of the decedent. (b) If a personal […]

§ 28-12-111. Short title

This chapter may be cited as the “Uniform Disposition of Community Property Rights at Death Act.”