SB 23-100 Summary

• Enacts the "Uniform Community Property Disposition at Death Act" establishing how community property is handled when a spouse dies in Colorado.

• One-half of applicable community property belongs to the surviving spouse and is not subject to the deceased spouse's will or succession laws; the other half belongs to the decedent and can be disposed of by will.

• Applies to personal property acquired as community property under the law of any jurisdiction where either spouse was domiciled when the property was acquired, including property held in trusts created under community property law.

• Surviving spouses, heirs, and devisees may assert claims within 3 years of death or by filing demands with the personal representative under specified timelines in Section 15-12-803.

• Act takes effect July 1, 2023 and applies to judicial proceedings commenced on or after that date regardless of when the decedent died.