Uniform Community Property Disposition at Death Act Amendments

57
75-2b-102
75-2b-103
75-2b-104
75-2b-105
75-2b-106
75-2b-107
75-2b-108
75-2b-109
75-2b-110
75-2b-111
75-2c-101
75-2c-102
75-2c-103
75-2c-104
75-2c-105
75-2c-106
75-2c-107
75-2c-108
75-2c-109
75-2c-110
75-2c-111
75-2c-112
75-2c-113
75-2c-114
0
Uniform Community Property Disposition at Death Act Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor:
LONG TITLE
General Description:
This bill enacts the Uniform Community Property Disposition at Death Act.
Highlighted Provisions:
This bill:
defines terms;
specifies which personal and real property is treated as community property at death
based on the domicile of the spouses and the law of the jurisdiction where the property
was acquired;
excludes property that spouses partition, reclassify, or waive by agreement;
establishes requirements for how community-property spouses may partition, reclassify,
or waive rights to community property;
creates a presumption that property acquired while domiciled in a community-property
jurisdiction is community property unless rebutted by a preponderance of the evidence;
provides that one-half of community property belongs to the surviving
community-property spouse and one-half belongs to the decedent and is subject to
disposition at death;
clarifies that a decedent's share of community property is not subject to the elective-share
right of the surviving community-property spouse;
authorizes a court to apply equitable principles and consider the law of other jurisdictions
when resolving community-property claims at death;
establishes time limits and procedures for claims brought by a surviving
community-property spouse, an heir, a devisee, and a nonprobate transferee;
protects third parties who transact in good faith and for value with a community-property
spouse or estate representative;
directs the court to construe the chapter to promote uniformity with other states that enact
the uniform act;
includes saving, transitional, and severability provisions; and
repeals the existing Utah Code provisions governing community-property disposition at
death and replaces the provisions with the new uniform chapter.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
75-2c-101
, Utah Code Annotated 1953
75-2c-102
, Utah Code Annotated 1953
75-2c-103
, Utah Code Annotated 1953
75-2c-104
, Utah Code Annotated 1953
75-2c-105
, Utah Code Annotated 1953
75-2c-106
, Utah Code Annotated 1953
75-2c-107
, Utah Code Annotated 1953
75-2c-108
, Utah Code Annotated 1953
75-2c-109
, Utah Code Annotated 1953
75-2c-110
, Utah Code Annotated 1953
75-2c-111
, Utah Code Annotated 1953
75-2c-112
, Utah Code Annotated 1953
75-2c-113
, Utah Code Annotated 1953
75-2c-114
, Utah Code Annotated 1953
REPEALS:
75-2b-102
, as enacted by Laws of Utah 2012, Chapter 132
75-2b-103
, as enacted by Laws of Utah 2012, Chapter 132
75-2b-104
, as enacted by Laws of Utah 2012, Chapter 132
75-2b-105
, as enacted by Laws of Utah 2012, Chapter 132
75-2b-106
, as enacted by Laws of Utah 2012, Chapter 132
75-2b-107
, as enacted by Laws of Utah 2012, Chapter 132
75-2b-108
, as enacted by Laws of Utah 2012, Chapter 132
75-2b-109
, as enacted by Laws of Utah 2012, Chapter 132
75-2b-110
, as enacted by Laws of Utah 2012, Chapter 132
75-2b-111
, as enacted by Laws of Utah 2012, Chapter 132
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
75-2c-101
is enacted to read:
75-2c-101
. Definitions.
In this chapter:
(1)
"Community-property spouse" means an individual in a marriage or other relationship:
(a)
under which community property could be acquired during the existence of the
relationship; and
(b)
that remains in existence at the time of death of either party to the relationship.
(2)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless,
optical, electromagnetic, or similar capabilities.
(3)
"Jurisdiction" means the United States, a state, a foreign country, or a political
subdivision of a foreign country.
(4)
"Partition" means to voluntarily divide property to which this chapter otherwise would
apply.
(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.
(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.
(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.
(4)
This section does not apply to property transferred by right of survivorship or under a
revocable trust or other nonprobate transfer.
(5)
This section does not limit the right of a surviving community-property spouse to
Section
75-2-207
.
(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 of the court under other 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.
(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
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.
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.
Application.
Rebuttable presumptions.
Disposition upon death.
Perfection of title of surviving spouse.
Perfection of title of personal representative, heir or devisee.
Purchaser for value or lender.
Creditor's rights.
Acts of married persons.
Limitations on testamentary disposition.
Uniformity of application and construction.
Section 16.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-6-26 10:33 AM