PROBATE ALLOWANCES
Read the
WARNING! first.
Under Arizona law, the
widow and children of a person who dies (called a decedent) while
domiciled in Arizona have a right to certain "allowances" from the estate
of the decedent. There are several allowances: exempt property;
homestead; and, the family allowance.
Homestead Allowance
A decedent's surviving
spouse is entitled to a homestead allowance of eighteen thousand dollars
($18,000.00). The homestead allowance should not be confused with
the homestead exemption, which is explained
elsewhere. If there is no surviving
spouse, each minor child and each dependent child is entitled to a
homestead allowance of eighteen thousand dollars ($18,000.00) divided by
the number of minor and dependent children.
The homestead allowance is
exempt from and has priority over all claims against the estate except
expenses of administration. The homestead allowance is chargeable
against any benefit or share that passes to the surviving spouse or minor
or dependent child by the decedent's will, by nonprobate transfer or by
intestate succession.
Exempt Property
In addition to the
homestead allowance, the decedent's surviving spouse is entitled from the
estate to a value that is not more than seven thousand dollars ($7,000.00)
in excess of any security interests in that estate in the following:
-
Household furniture
-
Automobiles
-
Furnishings
-
Appliances
-
Personal effects
If there is no surviving
spouse, each minor child and each dependent child are entitled jointly to
the same value as a surviving spouse. Rights to exempt property and assets
needed to make up a deficiency of exempt property have a priority over all
claims against the estate except expenses of administration.
Family Allowance
The decedent's surviving
spouse and minor children whom the decedent was obligation to support and
children who were in fact being supported by the decedent are entitled to
a reasonable allowance in money out of the estate for their maintenance
during the period of administration. This allowance shall not
continue for more than one year if the estate is inadequate to discharge
allowed claims. The allowance may be paid as a lump sum or in
periodic installments.
The family allowance is
exempt from and has priority over all claims except expenses of
administration and except the homestead allowance. The family
allowance is chargeable against any benefit or share that passes to the
surviving spouse or minor or dependent child by the decedent's will, by
nonprobate transfer or by intestate succession..
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