Petition for Family Allowance, Exempt Property, and Homestead Allowance - Arizona

PETITION FOR FAMILY ALLOWANCE, EXEMPT PROPERTY, AND HOMESTEAD ALLOWANCE

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA
IN AND FOR THE COUNTY OF [COUNTY]

1. CAPTION AND CASE INFORMATION

2. PETITIONER INFORMATION

Petitioner Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Arizona [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Capacity of Petitioner:
☐ Surviving spouse of the Decedent
☐ Minor child / dependent child of the Decedent (there being no surviving spouse)
☐ Guardian / conservator of minor or dependent child(ren) of the Decedent
☐ Person having care and custody of minor or dependent child(ren)

3. DECEDENT AND FAMILY INFORMATION

a. The Decedent, [DECEDENT FULL LEGAL NAME], died on [__/__/____], domiciled in [COUNTY] County, Arizona.

b. Administration of the Decedent's estate is pending in this Court. ☐ The estate is in ☐ formal / ☐ informal administration. The personal representative is [PERSONAL REPRESENTATIVE NAME], appointed on [__/__/____].

c. Surviving Spouse: ☐ The Decedent was survived by a spouse, [SURVIVING SPOUSE NAME]. ☐ The Decedent left no surviving spouse.

d. Minor and Dependent Children: The Decedent was survived by the following minor children whom the Decedent was obligated to support and children who were in fact being supported by the Decedent:

4. STATUTORY ENTITLEMENT

The Decedent was domiciled in Arizona at death. Petitioner is entitled to the following allowances under Article 4, Chapter 2, Title 14 of the Arizona Revised Statutes:

5. HOMESTEAD ALLOWANCE REQUESTED — A.R.S. § 14-2402

a. The surviving spouse is entitled to a homestead allowance of $18,000. If there is no surviving spouse, the minor and dependent children share one $18,000 allowance, divided by the number of those children.

b. ☐ There is no surviving spouse. There are [NUMBER] eligible minor and dependent children; each child's share of the $18,000 allowance is $[18,000 ÷ NUMBER].

c. Petitioner requests that the Court set apart the total homestead allowance of $[________________], allocated among eligible children as stated above if there is no surviving spouse.

d. Under A.R.S. § 14-2402(C), the homestead allowance is chargeable against any benefit or share passing to the surviving spouse or minor or dependent child by the Decedent's will, by nonprobate transfer (§ 14-6101), or by intestate succession, unless the will or governing instrument provides otherwise.

6. EXEMPT PROPERTY REQUESTED — A.R.S. § 14-2403

Petitioner requests that the following property be set apart as exempt property, up to the statutory cap of $7,000 in value (in excess of any security interests). If the estate lacks $7,000 of qualifying exempt property, Petitioner requests other assets of the estate to make up the deficiency:

7. FAMILY ALLOWANCE REQUESTED — A.R.S. § 14-2404

Petitioner requests a reasonable family allowance in money out of the estate for the maintenance of the surviving spouse and/or minor and dependent children during the period of administration. The allowance may not continue longer than one (1) year if the estate is inadequate to discharge allowed claims.

Basis for amount (monthly maintenance need):

8. PRIORITY OVER CLAIMS

a. The homestead allowance is exempt from and has priority over all claims against the estate, except expenses of administration (A.R.S. § 14-2402(B)).

b. The family allowance is exempt from and has priority over all claims except expenses of administration and except the homestead allowance (A.R.S. § 14-2404(B)).

c. Rights to exempt property and to assets needed to make up a deficiency have priority over all claims against the estate, except that the right to deficiency assets abates as necessary to permit prior payment of the homestead allowance and family allowance (A.R.S. § 14-2403).

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a. Set this Petition for hearing (if required) and order notice to the personal representative and all interested persons;

b. Set apart to Petitioner a homestead allowance of $[________________] under A.R.S. § 14-2402;

c. Set apart to Petitioner the exempt property itemized above, not exceeding $7,000 in net value, under A.R.S. § 14-2403;

d. Award a family allowance of $[________________] (☐ lump sum / ☐ $[________________] for [____] months) under A.R.S. § 14-2404;

e. Direct the personal representative to pay and deliver the allowances with the statutory priority over creditor claims; and

f. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [PETITIONER FULL LEGAL NAME], declare under penalty of perjury under the laws of the State of Arizona that I have read the foregoing Petition and that the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Arizona.

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

11. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition was served on the personal representative and all interested persons as follows:

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Arizona State Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

ATTACHMENTS CHECKLIST:

☐ Certified copy of Death Certificate
☐ Copy of Letters of Appointment of Personal Representative or other current appointment order
☐ Itemized inventory / appraisal supporting exempt-property values
☐ Schedule of monthly maintenance expenses supporting the family allowance
☐ Proof of relationship (marriage certificate; birth certificates of minor/dependent children)
☐ Proof of service on personal representative and interested persons
☐ Proposed Order Setting Apart Homestead Allowance, Exempt Property, and Family Allowance
☐ Filing fee payment