District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0486 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~ENROLLED~~ ORIGINAL
	1	+	ENGROSSED ORIGINAL
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6	6		1
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8		-	~~AN ACT~~
	8	+	A BILL
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10		-	~~______________~~
	10	+	25-486
11	11
12	12		IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13	13
14	14		________________
15	15
16	16
17	17		To amend Title 19 of the District of Columbia Code to enact the Uniform Community Property
18		-	Disposition at Death Code, to provide default rules that ensure the equitable distribution
19		-	of community property when the first spouse dies, to assist courts in determining the
20		-	character of property when there is a dispute between potential heirs, to clarify the
21		-	process for partitioning and reclassifying community property for couples who mutually
22		-	agree to separate their interests, to provide a remedy to address bad-faith transfers
23		-	intended to impair the property rights of one spouse, and for other purposes.
24		-
25		-	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
26		-	act may be cited as the “Uniform Community Property Disposition at Death Act of 2024”.
27		-
28		-	Sec. 2. Title 19 of the District of Columbia Official Code is amended as follows:
29		-	(a) The table of contents is amended by inserting the phrase at the end:
30		-	“23. Uniform Community Property Disposition at Death Code . . . . . . . . . . . . . . . . . . . 19-2301”.
31		-	(b) A new Chapter 23 is added to read as follows:
32		-	“CHAPTER 23
33		-	“UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH CODE.
34		-	“Sec.
35		-	“19-2301. Short title.
36		-	“19-2302. Definitions.
37		-	“19-2303. Included and excluded property.
38		-	“19-2304. Form of partition, reclassification, or waiver.
39		-	“19-2305. Community property presumption.
40		-	“19-2306. Disposition of property at death.
41		-	“19-2307. Other remedies available at death.
42		-	“19-2308. Right of surviving community-property spouse.
43		-	“19-2309. Right of heir, devisee, or nonprobate transferee.
44		-	“19-2310. Protection of third person.
45		-	“19-2311. Principles of law and equity.
46		-	“19-2312. Uniformity of application and construction.
47		-	“19-2313. Saving provision. ENROLLED ORIGINAL
	18	+	1
	19	+	Disposition at Death Code , to provide default rules that ensure the equitable distribution of 2
	20	+	community property when the first spouse dies, to assist courts in determining the character 3
	21	+	of property when there is a dispute between potential heirs, to clarify the process for 4
	22	+	partitioning and reclassifying community property for couples who mutually agree to 5
	23	+	separate their interests, to provide a remedy to address bad- faith transfers intended to 6
	24	+	impair the property rights of one spouse, and for other purposes. 7
	25	+	8
	26	+	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 9
	27	+	act may be cited as the “Uniform Community Property Disposition at Death Act of 2024”. 10
	28	+	Sec. 2. Title 19 of the District of Columbia Official Code is amended as follows: 11
	29	+	(a) The table of contents is amended by adding at the end the phrase “23. Uniform 12
	30	+	Community Property Disposition at Death Code.”. 13
	31	+	(b) A new chapter 23 is added to read as follows: 14
	32	+	“CHAPTER 23 15
	33	+	“UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH CODE. 16
	34	+	“Section 17
	35	+	“§ 19-2301. Short title. 18
	36	+	“§ 19-2302. Definitions. 19
	37	+	“§ 19-2303. Included and excluded property. 20 ENGROSSED ORIGINAL
48	38
49	39
50	40
51	41
52	42		2
53	43
54		-	“19-2314. Transitional provision.
55		-	“§ 19-2301. Short title.
56		-	“This chapter may be cited as the “ Uniform Community Property Disposition at Death
57		-	Code”.
58		-	“§ 19-2302. Definitions.
59		-	“(a) For the purposes of this chapter, the term:
60		-	“(1) “Community- property spouse” means an individual in a marriage or other
61		-	relationship:
62		-	“(A) Under which community property could be acquired during the
63		-	existence of the relationship; and
64		-	“(B) That remains in existence at the time of death of either party to the
65		-	relationship.
66		-
67		-	“(2) “Electronic” means relating to technology having electrical, digital,
68		-	magnetic, wireless, optical, electromagnetic, or similar capabilities.
69		-	“(3) “Jurisdiction” means the United States, a state, a foreign country, or a
70		-	political subdivision of a foreign country.
71		-	“(4) “Partition” means voluntarily dividing property to which this chapter
72		-	otherwise would apply.
73		-	“(5) “Person” means an individual, estate, business or nonprofit entity, public
74		-	corporation, government or governmental subdivision, agency, or instrumentality, or other legal
75		-	entity.
76		-	“(6) “Personal representative” includes an executor, administrator, successor
77		-	personal representative, special administrator, and other person that performs substantially the
78		-	same function.
79		-	“( 7) “Property” means anything that may be the subject of ownership, whether
80		-	real or personal, tangible or intangible, legal or equitable, or any interest therein.
81		-	“(8) “Reclassify” means to change the characterization or treatment of community
82		-	property to property owned separately by community- property spouses.
83		-	“(9) “Record” means information:
84		-	“(A) Inscribed on a tangible medium; or
85		-	“(B) Stored in an electronic or other medium and retrievable in
86		-	perceivable form.
87		-	“(10) “Sign” means, with present intent to authenticate or adopt a record:
88		-	“(A) To execute or adopt a tangible symbol; or
89		-	“(B) To attach to or logically associate with the record an electronic
90		-	symbol, sound, or process.
91		-	“(11) “State” means a state of the United States, the District of Columbia, Puerto
92		-	Rico, the United States Virgin Islands, or any other territory or possession subject to the
93		-	jurisdiction of the United States. The term “state” includes a federally recognized Indian tribe. ENROLLED ORIGINAL
	44	+	“§ 19-2304. Form of partition, reclassification, or waiver. 21
	45	+	“§ 19-2305. Community property presumption. 22
	46	+	“§ 19-2306. Disposition of property at death. 23
	47	+	“§ 19-2307. Other remedies available at death. 24
	48	+	“§ 19-2308. Right of surviving community- property spouse. 25
	49	+	“§ 19-2309. Right of heir, devisee, or nonprobate transferee. 26
	50	+	“§ 19-2310. Protection of third person. 27
	51	+	“§ 19-2311. Principles of law and equity. 28
	52	+	“§ 19-2312. Uniformity of application and construction. 29
	53	+	“§ 19-2313. Saving provision. 30
	54	+	“§ 19-2314. Transitional provision. 31
	55	+	“§ 19-2301. Short title. 32
	56	+	“This chapter may be cited as the “ Uniform Community Property Disposition at Death 33
	57	+	Code”. 34
	58	+	“§ 19-2302. Definitions. 35
	59	+	“(a) For the purposes of this chapter, the term: 36
	60	+	“(1) “Community- property spouse” means an individual in a marriage or other 37
	61	+	relationship: 38
	62	+	“(A) Under which community property could be acquired during the 39
	63	+	existence of the relationship; and 40 ENGROSSED ORIGINAL
94	64
95	65
96	66
97	67
98	68		3
99	69
100		-	“§ 19-2303. Included and excluded property.
101		-	“(a) Subject to subsection (b) of this section, this chapter applies to the following
102		-	property of a community- property spouse, without regard to how the property is titled or held:
103		-	“(1) If a decedent was domiciled in the District at the time of death:
104		-	“(A) All or a proportionate part of each item of personal property,
105		-	wherever located, that was community property under the law of the jurisdiction where the
106		-	decedent or the surviving community- property spouse was domiciled when the property:
107		-	“(i) Was acquired; or
108		-	“(ii) After acquisition, became community property;
109		-	“(B) Income, rent, profit, appreciation, or other increase derived from or
110		-	traceable to property described in subparagraph (A) of this paragraph; and
111		-	“(C) Personal property traceable to property described in subparagraph
112		-	(A) or (B) of this paragraph ; and
113		-	“(2) Regardless of whether a decedent was domiciled in the District at the time of
114		-	death:
115		-	“(A) All or a proportionate part of each item of real property located in the
116		-	District traceable to community property or acquired with community property under the law of
117		-	the jurisdiction where the decedent or the surviving community- property spouse was domiciled
118		-	when the property:
119		-	“(i) Was acquired; or
120		-	“(ii) After acquisition, became community property; and
121		-	“(B) Income, rent, profit, appreciation, or other increase, derived from or
122		-	traceable to property described in subparagraph (A) of this paragraph.
123		-	“(b) If community-property spouses acquired community property by complying with the
124		-	law of a jurisdiction that allows for creation of community property by transfer of property to a
125		-	trust, this chapter applies to the property only to the extent the property is held in the trust or
126		-	characterized as community property by the terms of the trust or the law of the jurisdiction under
127		-	which the trust was created.
128		-	“(c) This chapter does not apply to property that:
129		-	“(1) Community- property spouses have partitioned or reclassified; or
130		-	“(2) Is the subject of a waiver of rights granted by this chapter.
131		-	“§ 19-2304. Form of partition, reclassification, or waiver.
132		-	“(a) Community-property spouses domiciled in the District may partition or reclassify
133		-	property to which this chapter otherwise would apply. The partition or reclassification must be in
134		-	a record signed by both community- property spouses.
135		-	“(b) A community- property spouse domiciled in the District may waive a right granted
136		-	by this chapter only by complying with the law of the District, including the District’s choice-of-
137		-	law rules, applicable to waiver of a spousal property right.
138		-	“§ 19-2305. Community property presumption. ENROLLED ORIGINAL
	70	+	“(B) That remains in existence at the time of death of either party to the 41
	71	+	relationship. 42
	72	+	“(2) “District” means the District of Columbia. 43
	73	+	“(3) “Electronic” means relating to technology having electrical, digital, 44
	74	+	magnetic, wireless, optical, electromagnetic, or similar capabilities. 45
	75	+	“(4) “Jurisdiction” means the United States, a state, a foreign country, or a 46
	76	+	political subdivision of a foreign country. 47
	77	+	“(5) “Partition” means voluntarily dividing property to which this chapter 48
	78	+	otherwise would apply. 49
	79	+	“(6) “Person” means an individual, estate, business or nonprofit entity, public 50
	80	+	corporation, government or governmental subdivision, agency, or instrumentality, or other legal 51
	81	+	entity. 52
	82	+	“(7) “Personal representative” includes an executor, administrator, successor 53
	83	+	personal representative, special administrator, and other person that performs substantially the 54
	84	+	same function. 55
	85	+	“(8) “Property” means anything that may be the subject of ownership, whether 56
	86	+	real or personal, tangible or intangible, legal or equitable, or any interest therein. 57
	87	+	“(9) “Reclassify” means to change the characterization or treatment of community 58
	88	+	property to property owned separately by community- property spouses. 59
	89	+	“(10) “Record” means information: 60 ENGROSSED ORIGINAL
139	90
140	91
141	92
142	93
143	94		4
144	95
145		-	“All property acquired by a community- property spouse when domiciled in a jurisdiction
146		-	where community property then could be acquired by the community- property spouse by
147		-	operation of law is presumed to be community property. This presumption may be rebutted by a
148		-	preponderance of the evidence.
149		-	“§ 19-2306. Disposition of property at death.
150		-	“(a) One- half of the property to which this chapter applies belongs to the surviving
151		-	community-property spouse of a decedent and is not subject to disposition by the decedent at
152		-	death.
153		-	“(b) One-half of the property to which this chapter applies belongs to the decedent and is
154		-	subject to disposition by the decedent at death.
155		-	“(c) The property that belongs to the decedent under subsection (b) of this section is not
156		-	subject to the elective-share right of the surviving community- property spouse.
157		-	“(d) This section does not apply to property transferred by right of survivorship or under
158		-	a revocable trust or other nonprobate transfer.
159		-	“(e) This section does not limit the right of a surviving community- property spouse to a
160		-	homestead allowance under § 19-101.02.
161		-	“(f) If at death a decedent purports to transfer to a third person property that, under this
162		-	section, belongs to the surviving community- property spouse and transfers other property to the
163		-	surviving community- property spouse, this section does not limit the authority of the court under
164		-	other law of the District to require that the community-property spouse elect between retaining
165		-	the property transferred to the community- property spouse or asserting rights under this chapter.
166		-	“§ 19-2307. Other remedies available at death.
167		-	“(a) At the death of a community-property spouse, the surviving community- property
168		-	spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a
169		-	right based on an act of:
170		-	“(1) The surviving community- property spouse or decedent during the marriage
171		-	or other relationship under which community property then could be acquired; or
172		-	“(2) The decedent that takes effect at the death of the decedent.
173		-	“(b) In determining a right under subsection (a) of this section and corresponding remedy,
174		-	the court:
175		-	“(1) Shall apply equitable principles; and
176		-	“(2) May consider the community property law of the jurisdiction where the
177		-	decedent or surviving community- property spouse was domiciled when property was acquired or
178		-	enhanced.
179		-	“§ 19-2308. Right of surviving community- property spouse.
180		-	“(a) The surviving community- property spouse of the decedent may assert a claim for
181		-	relief with respect to a right under this chapter in accordance with the following rules:
182		-	“(1) In an action asserting a right in or to property, the surviving community-
183		-	property spouse must: ENROLLED ORIGINAL
	96	+	“(A) Inscribed on a tangible medium; or 61
	97	+	“(B) Stored in an electronic or other medium and retrievable in 62
	98	+	perceivable form. 63
	99	+	“(11) “Sign” means, with present intent to authenticate or adopt a record: 64
	100	+	“(A) To execute or adopt a tangible symbol; or 65
	101	+	“(B) To attach to or logically associate with the record an electronic 66
	102	+	symbol, sound, or process. 67
	103	+	“(12) “State” means a state of the United States, the District of Columbia, Puerto 68
	104	+	Rico, the United States Virgin Islands, or any other territory or possession subject to the 69
	105	+	jurisdiction of the United States. The term “state” includes a federally recognized Indian tribe. 70
	106	+	“§ 19-2303. Included and excluded property. 71
	107	+	“(a) Subject to subsection (b) of this section, this chapter applies to the following 72
	108	+	property of a community- property spouse, without regard to how the property is titled or held: 73
	109	+	“(1) If a decedent was domiciled in the District at the time of death: 74
	110	+	“(A) All or a proportionate part of each item of personal property, 75
	111	+	wherever located, that was community property under the law of the jurisdiction where the 76
	112	+	decedent or the surviving community- property spouse was domiciled when the property: 77
	113	+	“(i) Was acquired; or 78
	114	+	“(ii) After acquisition, became community property; 79 ENGROSSED ORIGINAL
184	115
185	116
186	117
187	118
188	119		5
189	120
190		-	“(A) Not later than 3 years after the death of the decedent, commence an
191		-	action against an heir, devisee, or nonprobate transferee of the decedent that is in possession of
192		-	the property; or
193		-	“(B) Not later than 6 months after appointment of the personal
194		-	representative of the decedent, send a demand in a record to the personal representative; and
195		-	“(2) In an action other than an action under paragraph (1) of this subsection, the
196		-	surviving community- property spouse must:
197		-	“(A) Not later than 6 months after appointment of the personal
198		-	representative of the decedent, send a demand in a record to the personal representative; or
199		-	“(B) If a personal representative is not appointed, commence the action
200		-	not later than 3 years after the death of the decedent.
201		-	“(b) Unless a timely demand is made under subsection (a)(1)(B) or (2)(A) of this section,
202		-	the personal representative may distribute the assets of the decedent’s estate without personal
203		-	liability for a community-property spouse’s claim under this chapter.
204		-	“§ 19-2309. Right of heir, devisee, or nonprobate transferee.
205		-	“An heir, devisee, or nonprobate transferee of a deceased community- property spouse
206		-	may assert a claim for relief with respect to a right under this chapter in accordance with the
207		-	following rules:
208		-	“(1) In an action asserting a right in or to property, the heir, devisee, or
209		-	nonprobate transferee must:
210		-	“(A) Not later than 3 years after the death of the decedent, commence an
211		-	action against the surviving community- property spouse of the decedent who is in possession of
212		-	the property; or
213		-	“(B) Not later than 6 months after appointment of the personal
214		-	representative of the decedent, send a demand in a record to the personal representative; and
215		-	“(2) In an action other than an action under paragraph (1) of this subsection, the
216		-	heir, devisee, or nonprobate transferee must:
217		-	“(A) Not later than 6 months after the appointment of the personal
218		-	representative of the decedent, send a demand in a record to the personal representative; or
219		-	“(B) If a personal representative is not appointed, commence the action
220		-	not later than 3 years after the death of the decedent.
221		-	“§ 19-2310. Protection of third person.
222		-	“(a) With respect to property to which this chapter applies, a person is not liable under
223		-	this chapter to the extent the person:
224		-	“(1) Transacts in good faith and for value:
225		-	“(A) With a community-property spouse; or
226		-	“(B) After the death of the decedent, with a surviving community- property
227		-	spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent; and
228		-	“(2) Does not know or have reason to know that the other party to the transaction
229		-	is exceeding or improperly exercising the party’s authority. ENROLLED ORIGINAL
	121	+	“(B) Income, rent, profit, appreciation, or other increase derived from or 80
	122	+	traceable to property described in subparagraph (A) of this paragraph; and 81
	123	+	“(C) Personal property traceable to property described in subparagraph 82
	124	+	(A) or (B) of this paragraph ; and 83
	125	+	“(2) Regardless of whether a decedent was domiciled in the District at the time of 84
	126	+	death: 85
	127	+	“(A) All or a proportionate part of each item of real property located in the 86
	128	+	District traceable to community property or acquired with community property under the law of 87
	129	+	the jurisdiction where the decedent or the surviving community- property spouse was domiciled 88
	130	+	when the property: 89
	131	+	“(i) Was acquired; or 90
	132	+	“(ii) After acquisition, became community property; and 91
	133	+	“(B) Income, rent, profit, appreciation, or other increase, derived from or 92
	134	+	traceable to property described in subparagraph (A) of this paragraph. 93
	135	+	“(b) If community-property spouses acquired community property by complying with the 94
	136	+	law of a jurisdiction that allows for creation of community property by transfer of property to a 95
	137	+	trust, this chapter applies to the property only to the extent the property is held in the trust or 96
	138	+	characterized as community property by the terms of the trust or the law of the jurisdiction under 97
	139	+	which the trust was created. 98
	140	+	“(c) This chapter does not apply to property that: 99 ENGROSSED ORIGINAL
230	141
231	142
232	143
233	144
234	145		6
235	146
236		-	“(b) Good faith under subsection (a)(1) of this section does not require the person to
237		-	inquire into the extent or propriety of the exercise of authority by the other party to the
238		-	transaction.
239		-	“§ 19-2311. Principles of law and equity.
240		-	“The principles of law and equity supplement this chapter except to the extent
241		-	inconsistent with this chapter.
242		-	“§ 19-2312. Uniformity of application and construction.
243		-	“In applying and construing this chapter , a court shall consider the promotion of
244		-	uniformity of the law among jurisdictions that enact it.
245		-	“§ 19-2313. Saving provision.
246		-	“If a right with respect to property to which this chapter applies is acquired, extinguished,
247		-	or barred on the expiration of a limitation period that began to run under another statute before
248		-	the effective date of this chapter, that statute continues to apply to the right even if the statute has
249		-	been repealed or superseded by this chapter.
250		-	“§ 19-2314. Transitional provision.
251		-	“Except as provided in § 19-2313, this chapter applies to a judicial proceeding with
252		-	respect to property to which this chapter applies commenced on or after effective date of this
253		-	chapter, regardless of the date of death of the decedent.”.
254		-
255		-	Sec. 3. Fiscal impact statement.
256		-	The Council adopts the fiscal impact statement in the committee report as the fiscal
257		-	impact statement required by section 4a of the General Legislative Procedures Act of 1975,
258		-	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a)
259		-
260		-	Sec. 4. Effective date.
261		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
262		-
263		-
264		-
265		-
266		-
267		-
268		-
269		-
270		-
271		-
272		-
273		-	ENROLLED ORIGINAL
	147	+	“(1) Community- property spouses have partitioned or reclassified; or 100
	148	+	“(2) Is the subject of a waiver of rights granted by this chapter. 101
	149	+	“§ 19-2304. Form of partition, reclassification, or waiver. 102
	150	+	“(a) Community-property spouses domiciled in the District may partition or reclassify 103
	151	+	property to which this chapter otherwise would apply. The partition or reclassification must be in 104
	152	+	a record signed by both community- property spouses. 105
	153	+	“(b) A community- property spouse domiciled in the District may waive a right granted 106
	154	+	by this chapter only by complying with the law of the District, including the District’s choice-of-107
	155	+	law rules, applicable to waiver of a spousal property right. 108
	156	+	“§ 19-2305. Community property presumption. 109
	157	+	“All property acquired by a community- property spouse when domiciled in a jurisdiction 110
	158	+	where community property then could be acquired by the community- property spouse by 111
	159	+	operation of law is presumed to be community property. This presumption may be rebutted by a 112
	160	+	preponderance of the evidence. 113
	161	+	“§ 19-2306. Disposition of property at death. 114
	162	+	“(a) One- half of the property to which this chapter applies belongs to the surviving 115
	163	+	community-property spouse of a decedent and is not subject to disposition by the decedent at 116
	164	+	death. 117
	165	+	“(b) One-half of the property to which this chapter applies belongs to the decedent and is 118
	166	+	subject to disposition by the decedent at death. 119 ENGROSSED ORIGINAL
274	167
275	168
276	169
277	170
278	171		7
279	172
280		-	Mayor, action by the Council to override the veto), and a 30 -day period of congressional review
281		-	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
282		-	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)).
	173	+	“(c) The property that belongs to the decedent under subsection (b) of this section is not 120
	174	+	subject to the elective-share right of the surviving community- property spouse. 121
	175	+	“(d) This section does not apply to property transferred by right of survivorship or under 122
	176	+	a revocable trust or other nonprobate transfer. 123
	177	+	“(e) This section does not limit the right of a surviving community- property spouse to a 124
	178	+	homestead allowance under § 19-101.02. 125
	179	+	“(f) If at death a decedent purports to transfer to a third person property that, under this 126
	180	+	section, belongs to the surviving community- property spouse and transfers other property to the 127
	181	+	surviving community- property spouse, this section does not limit the authority of the court under 128
	182	+	other law of the District to require that the community-property spouse elect between retaining 129
	183	+	the property transferred to the community- property spouse or asserting rights under this chapter. 130
	184	+	“§ 19-2307. Other remedies available at death. 131
	185	+	“(a) At the death of a community-property spouse, the surviving community- property 132
	186	+	spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a 133
	187	+	right based on an act of: 134
	188	+	“(1) The surviving community- property spouse or decedent during the marriage 135
	189	+	or other relationship under which community property then could be acquired; or 136
	190	+	“(2) The decedent that takes effect at the death of the decedent. 137
	191	+	“(b) In determining a right under subsection (a) of this section and corresponding remedy, 138
	192	+	the court: 139 ENGROSSED ORIGINAL
283	193
284	194
285	195
286	196
287		-	______________________________
288		-	Chairman
289		-	Council of the District of Columbia
	197	+	8
	198	+
	199	+	“(1) Shall apply equitable principles; and 140
	200	+	“(2) May consider the community property law of the jurisdiction where the 141
	201	+	decedent or surviving community- property spouse was domiciled when property was acquired or 142
	202	+	enhanced. 143
	203	+	“§ 19-2308. Right of surviving community- property spouse. 144
	204	+	“(a) The surviving community- property spouse of the decedent may assert a claim for 145
	205	+	relief with respect to a right under this chapter in accordance with the following rules: 146
	206	+	“(1) In an action asserting a right in or to property, the surviving community-147
	207	+	property spouse must: 148
	208	+	“(A) Not later than 3 years after the death of the decedent, commence an 149
	209	+	action against an heir, devisee, or nonprobate transferee of the decedent that is in possession of 150
	210	+	the property; or 151
	211	+	“(B) Not later than 6 months after appointment of the personal 152
	212	+	representative of the decedent, send a demand in a record to the personal representative; and 153
	213	+	“(2) In an action other than an action under paragraph (1) of this subsection, the 154
	214	+	surviving community- property spouse must: 155
	215	+	“(A) Not later than 6 months after appointment of the personal 156
	216	+	representative of the decedent, send a demand in a record to the personal representative; or 157
	217	+	“(B) If a personal representative is not appointed, commence the action 158
	218	+	not later than 3 years after the death of the decedent. 159 ENGROSSED ORIGINAL
290	219
291	220
292	221
293	222
	223	+	9
294	224
295		-	_________________________________
296		-	Mayor
297		-	District of Columbia
	225	+	“(b) Unless a timely demand is made under subsection (a)(1)(B) or (2)(A) of this section, 160
	226	+	the personal representative may distribute the assets of the decedent’s estate without personal 161
	227	+	liability for a community-property spouse’s claim under this chapter. 162
	228	+	“§ 19-2309. Right of heir, devisee, or nonprobate transferee. 163
	229	+	“An heir, devisee, or nonprobate transferee of a deceased community- property spouse 164
	230	+	may assert a claim for relief with respect to a right under this chapter in accordance with the 165
	231	+	following rules: 166
	232	+	“(1) In an action asserting a right in or to property, the heir, devisee, or nonprobate 167
	233	+	transferee must: 168
	234	+	“(A) Not later than 3 years after the death of the decedent, commence an action 169
	235	+	against the surviving community- property spouse of the decedent who is in possession of the 170
	236	+	property; or 171
	237	+	“(B) Not later than 6 months after appointment of the personal representative of 172
	238	+	the decedent, send a demand in a record to the personal representative; and 173
	239	+	“(2) In an action other than an action under paragraph (1) of this subsection, the heir, 174
	240	+	devisee, or nonprobate transferee must: 175
	241	+	“(A) Not later than 6 months after the appointment of the personal representative 176
	242	+	of the decedent, send a demand in a record to the personal representative; or 177
	243	+	“(B) If a personal representative is not appointed, commence the action not later 178
	244	+	than 3 years after the death of the decedent. 179 ENGROSSED ORIGINAL
	245	+
	246	+
	247	+
	248	+
	249	+	10
	250	+
	251	+	“§ 19-2310. Protection of third person. 180
	252	+	“(a) With respect to property to which this chapter applies, a person is not liable under 181
	253	+	this chapter to the extent the person: 182
	254	+	“(1) Transacts in good faith and for value: 183
	255	+	“(A) With a community-property spouse; or 184
	256	+	“(B) After the death of the decedent, with a surviving community- property 185
	257	+	spouse, personal representative, heir, devisee, or nonprobate transferee of the decedent; and 186
	258	+	“(2) Does not know or have reason to know that the other party to the transaction 187
	259	+	is exceeding or improperly exercising the party’s authority. 188
	260	+	“(b) Good faith under subsection (a)(1) of this section does not require the person to 189
	261	+	inquire into the extent or propriety of the exercise of authority by the other party to the 190
	262	+	transaction. 191
	263	+	“§ 19-2311. Principles of law and equity. 192
	264	+	“The principles of law and equity supplement this chapter except to the extent 193
	265	+	inconsistent with this chapter. 194
	266	+	“§ 19-2312. Uniformity of application and construction. 195
	267	+	“In applying and construing this chapter , a court shall consider the promotion of 196
	268	+	uniformity of the law among jurisdictions that enact it. 197
	269	+	“§ 19-2313. Saving provision. 198 ENGROSSED ORIGINAL
	270	+
	271	+
	272	+
	273	+
	274	+	11
	275	+
	276	+	“If a right with respect to property to which this chapter applies is acquired, extinguished, 199
	277	+	or barred on the expiration of a limitation period that began to run under another statute before 200
	278	+	the effective date of this chapter, that statute continues to apply to the right even if the statute has 201
	279	+	been repealed or superseded by this chapter. 202
	280	+	“§ 19-2314. Transitional provision. 203
	281	+	“Except as provided in § 19-2313, this chapter applies to a judicial proceeding with 204
	282	+	respect to property to which this chapter applies commenced on or after effective date of this 205
	283	+	chapter, regardless of the date of death of the decedent.”. 206
	284	+	Sec. 3. Fiscal impact statement. 207
	285	+	The Council adopts the fiscal impact statement in the committee report as the fiscal 208
	286	+	impact statement required by section 4a of the General Legislative Procedures Act of 1975, 209
	287	+	approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a) 210
	288	+	Sec. 4. Effective date. 211
	289	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 212
	290	+	Mayor, action by the Council to override the veto), a 30- day period of congressional review as 213
	291	+	provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 214
	292	+	24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)). 215