30-4709. Right of heir, devisee, or nonprobate transferee.
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/ne/chapter-30/30-4709A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An heir, devisee, or nonprobate transferee of a deceased community-property spouse may assert a claim for relief with respect to a right under the Uniform Community Property Disposition at Death Act in accordance with the following rules:
(1)In an action asserting a right in or to property, the heir, devisee, or nonprobate transferee shall:
(A)not later than one year 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 six months after appointment of the personal representative of the decedent, send a demand in a record to the personal representative.
(2)In an action other than an action under subdivision
(1)of this section, the heir, devisee, or nonprobate transferee must:
(A)not later than six 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 one year after the death of the decedent.