Exempt Property and Allowances

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A surviving spouse and/or minor children are entitled to certain exempt property and allowances which are set out in A.R.S. Section 14-2401 through Section 14-2405.

Arizona probate law includes special rules, exemptions, allowing certain amounts to be distributed to a deceased person’s family without first being subject to the claims of creditors.

The exemptions discussed in this article apply only to the estate of a decedent who dies while living in a residence in the State of Arizona upon death.  The rights to exemptions when a decedent who is not domiciled in this state at the time of death are governed by the law of the state where the decedent lived at the time of death and are not to be assumed for a survivor in the state of Arizona.

  • These sections define the property and values or amounts which the surviving spouse and/or minor children are entitled.
  • The rights granted under these sections have priority over all other creditors, except expenses of administration, and over other distributions in an intestate or a testate estate.
  • The value of property and assets which a surviving spouse and/or dependent children are entitled to receive can be deducted from any share  passing to the surviving spouse or minor or dependent children by the decedent’s will or by intestate succession.
  • The value of property and assets which a surviving spouse and/or dependent children are entitled to receive can be charged against any benefit passing to another through a nonprobate transfer if other property and assets left by the decedent are not sufficient to provide these exemptions.

For more specific information refer to Arizona Revised Statues (A.R.S.) at:

 

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