14-3101. Devolution of estate at death;
administration on deaths of husband and wife
A. The power of a person to leave property by will, and the rights of creditors,
devisees and heirs to his property are subject to the restrictions and limitations
contained in this title to facilitate the prompt settlement of estates. Upon the death
of a person, his separate property and his share of community property devolves to the
persons to whom the property is devised by his last will, or to those indicated as
substitutes for them in cases involving lapse, renunciation or other circumstances
affecting the devolution of testate estates, or in the absence of testamentary
disposition to his heirs, or to those indicated as substitutes for them in cases
involving renunciation or other circumstances affecting the devolution of intestate
estates. The devolution of separate property and decedent's share of community property
is subject to rights to the allowance in lieu of homestead, exempt property and family
allowance, to rights of creditors and to administration as provided in this title. In
addition, the surviving spouse's share of the community property is subject to
administration until the time for presentation of claims has expired, and thereafter only
to the extent necessary to pay community claims.
B. If a husband and wife both die, and the administration of one of their estates
is not completed prior to commencement of administration of the other, their estates may
be combined in a single administration with the same personal representative, if
feasible. A single application or petition may be made to obtain appointment of a
personal representative and to determine testacy. If their estates devolve as if each
spouse survived the other because of application of section 14-2702, and their estates
are not combined, half of their community property is subject to administration in each
estate and community claims will be charged ratably to each half of the community
property.
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