Bill > SB0265

This bill enacts the Uniform Community Property Disposition at Death Act, which establishes rules for how property is divided when one spouse in a marriage or similar relationship dies, particularly when that property is considered "community property." Community property is generally defined as assets acquired during the marriage that are owned equally by both spouses, and this bill clarifies what constitutes community property, including income and increases derived from it, and specifies that it applies to real property located in the state and personal property wherever it is located if the decedent was domiciled in the state at death. The act allows spouses to "partition" (voluntarily divide) or "reclassify" (change the characterization of) community property through a written agreement signed by both, and it presumes property acquired by a spouse while domiciled in a community property jurisdiction is community property, though this presumption can be overcome. Upon the death of a spouse, one-half of the applicable community property belongs to the surviving spouse and cannot be willed away by the decedent, while the other half belongs to the decedent and can be disposed of through their will, with specific provisions for how claims can be made by surviving spouses or heirs and protections for third parties who transact in good faith.

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https://le.utah.gov/~2026/bills/static/SB0265.html