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Uniform Community Property Disposition At Death Act

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

The act repeals and reenacts the "Uniform Community Property Disposition at Death Act."

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

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

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

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

APPROVED by Governor March 23, 2023

EFFECTIVE July 1, 2023
(Note: This summary applies to this bill as enacted.)


Became Law


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

The effective date for bills enacted without a safety clause is August 7, 2024, if the General Assembly adjourns sine die on May 8, 2024, unless otherwise specified. Details