§ 19–2308. Right of surviving community-property spouse.

(a) The surviving community-property spouse of the decedent may assert a claim for relief with respect to a right under this chapter in accordance with the following rules:

(1) In an action asserting a right in or to property, the surviving community-property spouse must:

(A) Not later than 3 years after the death of the decedent, commence an action against an heir, devisee, or nonprobate transferee of the decedent that is in possession of the property; or

(B) Not later than 6 months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative; and

(2) In an action other than an action under paragraph (1) of this subsection, the surviving community-property spouse must:

(A) Not later than 6 months after 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 3 years after the death of the decedent.

(b) Unless a timely demand is made under subsection (a)(1)(B) or (2)(A) of this section, the personal representative may distribute the assets of the decedent's estate without personal liability for a community-property spouse's claim under this chapter.