SB 265

03-02 10:53  S.B. 265
1Uniform Community Property Disposition at Death Act Amendments
                                        2026 GENERAL SESSION
                                            STATE OF UTAH
                                       Chief Sponsor: Todd Weiler
                                     House Sponsor: Jordan D. Teuscher
2
3   LONG TITLE
4   General Description:
5This bill enacts the Uniform Community Property Disposition at Death Act.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ specifies which personal and real property is treated as community property at death
10   based on the domicile of the spouses and the law of the jurisdiction where the property
11   was acquired;
12▸ excludes property that spouses partition, reclassify, or waive by agreement;
13▸ establishes requirements for how community-property spouses may partition, reclassify,
14   or waive rights to community property;
15▸ creates a presumption that property acquired while domiciled in a community-property
16   jurisdiction is community property unless rebutted by a preponderance of the evidence;
17▸ provides that one-half of community property belongs to the surviving
18   community-property spouse and one-half belongs to the decedent and is subject to
19   disposition at death;
20▸ clarifies that a decedent's share of community property is not subject to the elective-share
21   right of the surviving community-property spouse;
22▸ authorizes a court to apply equitable principles and consider the law of other jurisdictions
23   when resolving community-property claims at death;
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24▸ establishes time limits and procedures for claims brought by a surviving
25   community-property spouse, an heir, a devisee, and a nonprobate transferee;
26▸ protects third parties who transact in good faith and for value with a community-property
27   spouse or estate representative;
28▸ directs the court to construe the chapter to promote uniformity with other states that enact
29   the uniform act;
30▸ includes saving, transitional, and severability provisions; and
S.B. 265  03-02 10:53
31      ▸ repeals the existing Utah Code provisions governing community-property disposition at
32  death and replaces the provisions with the new uniform chapter.
33  Money Appropriated in this Bill:
34      None
35  Other Special Clauses:
36      None
37  Utah Code Sections Affected:
38  ENACTS:
39      75-2c-101, Utah Code Annotated 1953
40      75-2c-102, Utah Code Annotated 1953
41      75-2c-103, Utah Code Annotated 1953
42      75-2c-104, Utah Code Annotated 1953
43      75-2c-105, Utah Code Annotated 1953
44      75-2c-106, Utah Code Annotated 1953
45      75-2c-107, Utah Code Annotated 1953
46      75-2c-108, Utah Code Annotated 1953
47      75-2c-109, Utah Code Annotated 1953
48      75-2c-110, Utah Code Annotated 1953
49      75-2c-111, Utah Code Annotated 1953
50      75-2c-112, Utah Code Annotated 1953
51      75-2c-113, Utah Code Annotated 1953
52      75-2c-114, Utah Code Annotated 1953
53  REPEALS:
54      75-2b-102, as enacted by Laws of Utah 2012, Chapter 132
55      75-2b-103, as enacted by Laws of Utah 2012, Chapter 132
56      75-2b-104, as enacted by Laws of Utah 2012, Chapter 132
57      75-2b-105, as enacted by Laws of Utah 2012, Chapter 132
58      75-2b-106, as enacted by Laws of Utah 2012, Chapter 132
59      75-2b-107, as enacted by Laws of Utah 2012, Chapter 132
60      75-2b-108, as enacted by Laws of Utah 2012, Chapter 132
61      75-2b-109, as enacted by Laws of Utah 2012, Chapter 132
62      75-2b-110, as enacted by Laws of Utah 2012, Chapter 132
63      75-2b-111, as enacted by Laws of Utah 2012, Chapter 132
64
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65   Be it enacted by the Legislature of the state of Utah:
66Section 1. Section 75-2c-101 is enacted to read:
6775-2c-101 . Definitions.
68      In this chapter:
69   (1) "Community-property spouse" means an individual in a marriage or other relationship:
70(a) under which community property could be acquired during the existence of the
71relationship; and
72(b) that remains in existence at the time of death of either party to the relationship.
73   (2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless,
74optical, electromagnetic, or similar capabilities.
75   (3) "Jurisdiction" means the United States, a state, a foreign country, or a political
76subdivision of a foreign country.
77   (4) "Partition" means to voluntarily divide property to which this chapter otherwise would
78apply.
79   (5) "Person" means an individual, estate, business or nonprofit entity, public corporation,
80government or governmental subdivision, agency, or instrumentality, or other legal
81entity.
82   (6) "Personal representative" includes an executor, administrator, successor personal
83representative, special administrator, and other person that performs substantially the
84same function.
85   (7) "Property" means anything that may be the subject of ownership, whether real or
86personal, tangible or intangible, legal or equitable, or any interest therein.
87   (8) "Reclassify" means change the characterization or treatment of community property to
88property owned separately by community-property spouses.
89   (9) "Record" means information:
90(a) inscribed on a tangible medium; or
91(b) stored in an electronic or other medium and retrievable in perceivable form.
92   (10) "Sign" means, with present intent to authenticate or adopt a record:
93(a) execute or adopt a tangible symbol; or
94(b) attach to or logically associate with the record an electronic symbol, sound, or
95process.
96   (11)(a) "State" means a state of the United States, the District of Columbia, Puerto Rico,
97the United States Virgin Islands, or any other territory or possession subject to the
98jurisdiction of the United States.
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99      (b) "State" includes a federally recognized Indian tribe.
100Section 2. Section 75-2c-102 is enacted to read:
10175-2c-102 . Included and excluded property.
102  (1) Subject to Subsection (2), this chapter applies to the following property of a
103      community-property spouse, without regard to how the property is titled or held:
104      (a) if a decedent was domiciled in this state at the time of death:
105(i) all or a proportionate part of each item of personal property, wherever located, that
106was community property under the law of the jurisdiction where the decedent or
107the surviving community-property spouse was domiciled when the property:
108(A) was acquired; or
109(B) after acquisition, became community property;
110(ii) income, rent, profit, appreciation, or other increase derived from or traceable to
111property described in Section (1)(a)(i); and
112(iii) personal property traceable to property described in Subsection (1)(a)(i) or (a)(ii);
113and
114      (b) regardless whether a decedent was domiciled in this state at the time of death:
115(i) all or a proportionate part of each item of real property located in this state
116traceable to community property or acquired with community property under the
117law of the jurisdiction where the decedent or the surviving community-property
118spouse was domiciled when the property:
119(A) was acquired; or
120(B) after acquisition, became community property; and
121(ii) income, rent, profit, appreciation, or other increase, derived from or traceable to
122property described in Subsection (1)(b)(i).
123  (2) If community-property spouses acquired community property by complying with the
124      law of a jurisdiction that allows for creation of community property by transfer of
125      property to a trust, this chapter applies to the property only to the extent the property is
126      held in the trust or characterized as community property by the terms of the trust or the
127      law of the jurisdiction under which the trust was created.
128  (3) This chapter does not apply to property that:
129      (a) community-property spouses have partitioned or reclassified; or
130      (b) is the subject of a waiver of rights granted by this chapter.
131Section 3. Section 75-2c-103 is enacted to read:
13275-2c-103 . Form of partition, reclassification, or waiver.
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133   (1)(a) Community-property spouses domiciled in this state may partition or reclassify
134property to which this chapter otherwise would apply.
135(b) The partition or reclassification must be in a record signed by both
136community-property spouses.
137   (2) A community-property spouse domiciled in this state may waive a right granted by this
138chapter only by complying with the law of this state, including this state's choice-of-law
139rules, applicable to waiver of a spousal property right.
140Section 4. Section 75-2c-104 is enacted to read:
14175-2c-104 . Community property presumption.
142      All property acquired by a community-property spouse when domiciled in a jurisdiction
143   where community property then could be acquired by the community-property spouse by
144   operation of law is presumed to be community property. This presumption may be rebutted by
145   a preponderance of the evidence.
146Section 5. Section 75-2c-105 is enacted to read:
14775-2c-105 . Disposition of property at death.
148   (1) One-half of the property to which this chapter applies belongs to the surviving
149community-property spouse of a decedent and is not subject to disposition by the
150decedent at death.
151   (2) One-half of the property to which this chapter applies belongs to the decedent and is
152subject to disposition by the decedent at death.
153   (3) The property that belongs to the decedent under Subsection (2) is not subject to the
154elective-share right of the surviving community-property spouse.
155   (4) This section does not apply to property transferred by right of survivorship or under a
156revocable trust or other nonprobate transfer.
157   (5) This section does not limit the right of a surviving community-property spouse Ŝ→ [to ] ←Ŝ
158Ŝ→ [Section 75-2-207] under Sections 75-2-402, 75-2-403, and 75-2-405 ←Ŝ .
159   (6) If at death a decedent purports to transfer to a third person property that, under this
160section, belongs to the surviving community-property spouse and transfers other
161property to the surviving community-property spouse, this section does not limit the
162authority of the court under other law of this state to require that the
163community-property spouse elect between retaining the property transferred to the
164community-property spouse or asserting rights under this chapter.
165Section 6. Section 75-2c-106 is enacted to read:
16675-2c-106 . Other remedies available at death.
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167  (1) At the death of a community-property spouse, the surviving community-property spouse
168      or a personal representative, heir, or nonprobate transferee of the decedent may assert a
169      right based on an act of:
170      (a) the surviving community-property spouse or decedent during the marriage or other
171relationship under which community property then could be acquired; or
172      (b) the decedent that takes effect at the death of the decedent.
173  (2) In determining a right under Subsection (1) and corresponding remedy, the court:
174      (a) shall apply equitable principles; and
175      (b) may consider the community property law of the jurisdiction where the decedent or
176surviving community-property spouse was domiciled when property was acquired or
177enhanced.
178Section 7. Section 75-2c-107 is enacted to read:
17975-2c-107 . Right of surviving community-property spouse.
180  (1) The surviving community-property spouse of the decedent may assert a claim for relief
181      with respect to a right under this chapter in accordance with the following rules:
182      (a) In an action asserting a right in or to property, the surviving community-property
183spouse must:
184(i) not later than three years after the death of the decedent, commence an action
185against an heir, devisee, or nonprobate transferee of the decedent that is in
186possession of the property; or
187(ii) not later than six months after appointment of the personal representative of the
188decedent, send a demand in a record to the personal representative.
189      (b) In an action other than an action under Subsection (1)(a), the surviving
190community-property spouse must
191(i) not later than six months after appointment of the personal representative of the
192decedent, send a demand in a record to the personal representative; or
193(ii) if a personal representative is not appointed, commence the action not later than
194three years after the death of the decedent.
195  (2) Unless a timely demand is made under Subsection (1)(a)(ii) or (1)(b)(i), the personal
196      representative may distribute the assets of the decedent's estate without personal liability
197      for a community-property spouse's claim under this chapter.
198Section 8. Section 75-2c-108 is enacted to read:
19975-2c-108 . Right of heir, devisee, or nonprobate transferee.
200     An heir, devisee, or nonprobate transferee of a deceased community-property spouse
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201   may assert a claim for relief with respect to a right under this chapter in accordance with the
202   following rules:
203   (1) In an action asserting a right in or to property, the heir, devisee, or nonprobate transferee
204must:
205(a) not later than three years after the death of the decedent, commence an action against
206the surviving community-property spouse of the decedent who is in possession of the
207property; or
208(b) not later than six months after appointment of the personal representative of the
209decedent, send a demand in a record to the personal representative.
210   (2) In an action other than an action under Subsection (1), the heir, devisee, or nonprobate
211transferee must:
212(a) not later than six months after the appointment of the personal representative of the
213decedent, send a demand in a record to the personal representative; or
214(b) if a personal representative is not appointed, commence the action not later than
215three years after the death of the decedent.
216Section 9. Section 75-2c-109 is enacted to read:
21775-2c-109 . Protection of third person.
218   (1) With respect to property to which this chapter applies, a person is not liable under this
219chapter to the extent the person:
220(a) transacts in good faith and for value:
221(i) with a community-property spouse; or
222(ii) after the death of the decedent, with a surviving community-property spouse,
223personal representative, heir, devisee, or nonprobate transferee of the decedent;
224and
225(b) does not know or have reason to know that the other party to the transaction is
226exceeding or improperly exercising the party's authority.
227   (2) Good faith under Subsection (1)(a) does not require the person to inquire into the extent
228or propriety of the exercise of authority by the other party to the transaction.
229Section 10. Section 75-2c-110 is enacted to read:
23075-2c-110 . Principles of law and equity.
231      The principles of law and equity supplement this chapter except to the extent
232   inconsistent with this chapter.
233Section 11. Section 75-2c-111 is enacted to read:
23475-2c-111 . Uniformity of application and construction.
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235     In applying and construing this uniform act, a court shall consider the promotion of
236  uniformity of the law among jurisdictions that enact it.
237Section 12. Section 75-2c-112 is enacted to read:
23875-2c-112 . Saving provision.
239     If a right with respect to property to which this chapter applies is acquired, extinguished,
240  or barred on the expiration of a limitation period that began to run under another statute before
241  May 6, 2026, that statute continues to apply to the right even if the statute has been repealed or
242  superseded by this chapter.
243Section 13. Section 75-2c-113 is enacted to read:
24475-2c-113 . Transitional provision.
245     Except as provided in Section 75-2c-112, this chapter applies to a judicial proceeding
246  with respect to property to which this chapter applies commenced on or after May 6, 2026,
247  regardless of the date of death of the decedent.
248Section 14. Section 75-2c-114 is enacted to read:
24975-2c-114 . Severability.
250     If a provision of this chapter or this chapter's application to a person or circumstance is
251  held invalid, the invalidity does not affect another provision or application that can be given
252  effect without the invalid provision.
253Section 15. Repealer.
254This bill repeals:
255Section 75-2b-102, Application.
256Section 75-2b-103, Rebuttable presumptions.
257Section 75-2b-104, Disposition upon death.
258Section 75-2b-105, Perfection of title of surviving spouse.
259Section 75-2b-106, Perfection of title of personal representative, heir or devisee.
260Section 75-2b-107, Purchaser for value or lender.
261Section 75-2b-108, Creditor's rights.
262Section 75-2b-109, Acts of married persons.
263Section 75-2b-110, Limitations on testamentary disposition.
264Section 75-2b-111, Uniformity of application and construction.
265Section 16. Effective Date.
266  This bill takes effect on May 6, 2026.
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