(a) The surviving community-property spouse of the decedent may assert a claim for relief with respect to a right under the Uniform Community Property Disposition at Death Act in accordance with the following rules:

Ask a spousal support law question, get an answer ASAP!
Thousands of highly rated, verified spousal support lawyers.
Click here to chat with a lawyer about your rights.

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

(A) not later than one year 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 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 subdivision (1) of this subsection, the surviving community-property spouse must:

(A) 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

(B) if a personal representative is not appointed, commence the action not later than one year after the death of the decedent.

(b) Unless a timely demand is made under subdivision (a)(1)(B) or (a)(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 the Uniform Community Property Disposition at Death Act.