1. (1) Upon the death of a community property spouse, the surviving community property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of:

   1. (a) The surviving community spouse or decedent during the marriage or other relationship under which community property then could be acquired; or
   2. (b) The decedent that takes effect at the death of the decedent.

2. (2) In determining a right pursuant to subsection (1)(a) of this section, and a corresponding remedy, the court:

   1. (a) Shall apply equitable principles; and
   2. (b) May consider the community property law of the jurisdiction where the decedent or surviving community property spouse was domiciled when property was acquired or enhanced.

Source: L. 2023: Entire article R&RE, (SB 23-100), ch. 30, p. 104, § 1, effective July 1.