Bill > H334

This bill enacts the Uniform Community Property Disposition at Death Act, which establishes a comprehensive legal framework for handling property in marriages or relationships where community property can be acquired. The bill defines key terms like "community-property spouse" and creates new rules for how property is divided when one spouse dies. Specifically, it creates a presumption that half of the community property belongs to the surviving spouse and cannot be disposed of by the deceased spouse's will, while the other half can be distributed according to the deceased spouse's wishes. The act provides detailed procedures for how surviving spouses or heirs can assert claims to community property, including time limits for filing claims (generally one year from the date of death) and specifies that these claims can be made through civil court actions or estate proceedings. The bill also protects third parties who transact in good faith with community-property spouses and ensures that the law can be applied uniformly across jurisdictions. Importantly, the act will become effective on January 1, 2026, and will apply to judicial proceedings commenced on or after that date. The legislation repeals the existing Chapter 31C of the General Statutes and makes corresponding modifications to other statutes to integrate this new approach to community property disposition.

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https://www.ncleg.gov/BillLookUp/2025/H334