Arizona Laws 14-2404. Family allowance; use; length; priority; termination by death
A. The decedent‘s surviving spouse and minor children whom the decedent was obligated 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 longer 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. It is payable to the surviving spouse, if living, for the use of the surviving spouse and minor and dependent children. Otherwise this allowance is payable to the children or to persons who have the care and custody of these children. If a minor child or a dependent child is not living with the surviving spouse, the allowance may be made partially to the child or the child’s guardian or other person who has the care and custody of the child and partially to the spouse, as their needs may appear.
Terms Used In Arizona Laws 14-2404
- Child: includes a person who is entitled to take as a child under this title by intestate succession from the parent whose relationship is involved. See Arizona Laws 14-1201
- Decedent: A deceased person.
- Dependent: A person dependent for support upon another.
- Dependent child: means a minor child whom the decedent was obligated to support or an adult child who was in fact being supported by the decedent at the time of the decedent's death. See Arizona Laws 14-1201
- Governing instrument: means a deed, will, trust, insurance or annuity policy, account with pay on death designation, security registered in beneficiary form, pension, profit sharing, retirement or similar benefit plan, instrument creating or exercising a power of appointment or power of attorney or supported decision-making agreement or a dispositive, appointive or nominative instrument of any similar type. See Arizona Laws 14-1201
- Intestate: Dying without leaving a will.
- Minor: means a person who is under eighteen years of age. See Arizona Laws 14-1201
- Person: means an individual or an organization. See Arizona Laws 14-1201
- Will: includes a codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. See Arizona Laws 14-1201
B. The family allowance is exempt from and has priority over all claims except expenses of administration and except the homestead allowance.
C. The family allowance is chargeable against any benefit or share passing to the surviving spouse or children by the decedent’s will, by a nonprobate transfer pursuant to section 14-6102 or by intestate succession unless otherwise provided by the decedent’s will or by the governing instrument for a nonprobate transfer.
D. The death of a person entitled to the family allowance terminates the right to allowances not yet paid.