30-4709.

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 the Uniform Community Property Disposition at Death Act in accordance with the following rules:

(1) In an action asserting a right in or to property, the heir, devisee, or nonprobate transferee shall:

(A) not later than one year 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 subdivision (1) of this section, 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 one year after the death of the decedent.