Probate Family Allowance Requirements in Arizona

At a glance

Requirements one by one

Arizona domicile and the supported-child classes

Section 14-2401 applies the Article 4 allowances when the decedent died domiciled in Arizona. A nonresident decedent's family, homestead, and exempt- property rights instead follow the law of the decedent's domicile at death.

Under § 14-2404, the family allowance covers the surviving spouse, minor children whom the decedent was obligated to support, and children whom the decedent was actually supporting. Section 14-1201 defines a dependent child to include an adult child who was actually supported at death. Payment normally goes to the surviving spouse for the spouse and the minor or dependent children. If a child does not live with the spouse, the allowance may be divided between them according to need; if no spouse is living, it goes to the children or their caregivers.

The $12,000 administrative ceiling and court relief

The family allowance is a reasonable amount for maintenance during administration. Under § 14-2405, the personal representative may determine and pay up to $12,000 as a lump sum or $1,000 per month for one year. Twelve maximum monthly installments equal the same $12,000 administrative ceiling.

That figure is not an absolute court cap. The personal representative or an interested person aggrieved by a determination, payment, proposed payment, or failure to act may petition for appropriate relief, including a family allowance other than one the representative determined or could have determined. Section 14-1201 defines a petition as a written request for a court order after notice; the allowance sections prescribe no special verification, attachment list, or mandatory hearing format.

The one-year duration is also conditional. Section 14-2404 imposes it when the estate is inadequate to discharge allowed claims. Otherwise, the statute describes maintenance during the administration period rather than an automatic one-year cutoff.

Companion homestead and exempt-property rights

The same § 14-2405 procedure bundles two property protections with the cash family allowance. Under § 14-2402, the surviving spouse receives an $18,000 homestead allowance. If there is no spouse, one $18,000 amount is divided by the number of minor and dependent children; it is not multiplied by the number of children.

Under § 14-2403, the companion exempt-property right supplies up to $7,000 in net value of household furniture, automobiles, furnishings, appliances, and personal effects. If no spouse survives, the minor and dependent children share that $7,000 right jointly. Other estate assets may fill a shortage in qualifying property.

Priority, nonprobate shortfalls, and inheritance effect

The homestead allowance follows administration expenses but precedes the family allowance. The family allowance then has priority over other estate claims. Exempt property also follows administration expenses, but assets used to fill an exempt-property deficiency yield as necessary for earlier payment of the homestead and family allowances.

If probate assets cannot satisfy claims and statutory allowances, § 14-6102 can make a qualifying nonprobate transferee liable up to the value received or controlled. The spouse or affected child must first make a written demand on the personal representative. If the representative declines or fails to proceed, the demander may sue in the estate's name at the demander's expense. The proceeding generally must begin within two years after death.

Arizona charges the family allowance against benefits or shares passing by will, intestacy, or a covered nonprobate transfer unless the will or governing instrument provides otherwise. The same charge-against-share structure applies to the companion homestead and exempt-property rights.

Spouse waiver and recipient death

Section 14-2207 lets the surviving spouse waive family, homestead, and exempt- property rights in whole or part before or after marriage through a signed written contract, agreement, or waiver. Voluntariness, unconscionability, disclosure, written disclosure waiver, and adequate knowledge can control enforcement.

Section 14-2404 separately ends a recipient's right to any family allowance not yet paid when that recipient dies. A prior lump-sum payment is different from an unpaid future installment.

What trips people up

• $12,000 is the personal representative's ceiling, not an absolute award cap. The court-relief provision permits a different reasonable allowance.
• One year is an insolvency limit. It becomes the hard duration cap when the estate cannot discharge allowed claims.
• The child homestead amount is divided, not multiplied. With no spouse, the children share one $18,000 amount.
• Death stops unpaid support. Remaining installments do not continue as a family-allowance right after the entitled person dies.

Common questions

Can a child living apart from the surviving spouse receive payment directly?

Yes. Section 14-2404 permits part of the allowance to go to the child, guardian, or other caregiver and part to the spouse, according to their needs.

Does § 14-6102 reach real estate held in joint tenancy with survivorship?

No. Its definition of a covered nonprobate transfer expressly excludes a survivorship interest in jointly held real estate. Other revocable-at-death transfers may fall within the section's shortfall rule.

Can an agreement waiving “all rights” waive the family allowance?

Potentially. Unless the agreement says otherwise, § 14-2207 treats “all rights” or equivalent estate language, and certain complete property settlements, as a waiver of the family, homestead, and exempt-property rights, subject to the section's enforceability rules.

Statutes and sources

• A.R.S. § 14-1201 — defines dependent child, estate, and petition. A dependent child includes an adult child actually supported at death, and a petition is a written request for an order after notice. Official current section (accessed 2026-08-03).
• A.R.S. §§ 14-2401 through 14-2405 — domicile, the bundled homestead and exempt-property rights, family-allowance eligibility, amount, payment, priority, share charge, death, personal-representative authority, and court relief. Official family-allowance section and official procedure section (accessed 2026-08-03).
• A.R.S. § 14-2207 — spouse waiver, signature, voluntariness, disclosure, unconscionability, and “all rights” effect. Official current section (accessed 2026-08-03).
• A.R.S. § 14-6102 — qualifying nonprobate-transferee liability, written demand, suit authority, two-year deadline, and covered-transfer definition. Official current section (accessed 2026-08-03).