§ 19–2309. 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 this chapter in accordance with the following rules:

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

(A) Not later than 3 years 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 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 heir, devisee, or nonprobate transferee must:

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