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SB23-100

Uniform Community Property Disposition At Death Act

Concerning the "Uniform Community Property Disposition at Death Act".
Session:
2023 Regular Session
Subject:
Probate, Trusts, & Fiduciaries
Bill Summary

Colorado Commission on Uniform State Laws. The bill enacts the "Uniform Community Property Disposition at Death Act" (act), drafted by the Uniform Law Commission.

The bill applies to community property acquired by community property spouses while domiciled in a community property jurisdiction and makes clear that if community property spouses partition or reclassify their community property or waive rights under the act, the act no longer applies to that property.

The bill provides the form required to partition or reclassify property or waive a right granted under the act.

The bill creates a rebuttable presumption that all property acquired by a community property spouse when domiciled in a jurisdiction where community property could be acquired by the community property spouse is presumed to be community property.

The bill provides that upon death of one community property spouse, half of the property belongs to the decedent and the other half to the surviving community property spouse.

The bill allows a court to recognize reimbursement rights and rights of redress for certain bad faith actions by one community property spouse that might impair the rights of the other community property spouse.

The bill provides limitation periods within which a party must act in order to preserve rights under the act.

The bill provides protection for third persons transacting in good faith and for value.


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

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Bill Text

  • All Versions (7 )
    Date Bill Type Documents
    03/23/2023 Signed Act PDF
    03/13/2023 Final Act PDF
    03/06/2023 Rerevised PDF
    03/03/2023 Revised PDF
    02/22/2023 Reengrossed PDF
    02/21/2023 Engrossed PDF
    01/31/2023 Introduced PDF
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