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

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

      1. (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
      2. (B) If a personal representative is not appointed, commence the action not later than 3 years after the death of the decedent.
2. (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.

History

Mar. 7, 2025, D.C. Law 25-270, § 2(b)