Arizona Laws 14-2405. Homestead; exempt property and allowances; restriction; source; determination; documentation
A. If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children or children who are adults may select property of the estate as homestead allowance and exempt property. The personal representative may make those selections if the surviving spouse, the children or the guardians of the minor children are unable or fail to do so within a reasonable time or if there is no guardian of a minor child.
Terms Used In Arizona Laws 14-2405
- 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
- Court: means the superior court. See Arizona Laws 14-1201
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Estate: includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Arizona Laws 14-1201
- Exempt property: means that property of a decedent's estate that is described in section 14-2403. See Arizona Laws 14-1201
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Interested person: includes any trustee, heir, devisee, child, spouse, creditor, beneficiary, person holding a power of appointment and other person who has a property right in or claim against a trust estate or the estate of a decedent, ward or protected person. See Arizona Laws 14-1201
- Minor: means a person who is under eighteen years of age. See Arizona Laws 14-1201
- Minor children: means persons under eighteen years of age. See Arizona Laws 1-215
- Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
- Personal representative: includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status. See Arizona Laws 14-1201
- Petition: means a written request to the court for an order after notice. See Arizona Laws 14-1201
- Property: includes both real and personal property. See Arizona Laws 1-215
B. The personal representative may execute an instrument or deed of distribution to establish the ownership of property taken as homestead allowance or exempt property.
C. The personal representative may determine the family allowance in a lump sum that does not exceed twelve thousand dollars or in periodic installments that do not exceed one thousand dollars per month for one year, and may disburse monies of the estate in payment of the family allowance and any part of the homestead allowance payable in cash.
D. The personal representative or an interested person aggrieved by any selection, determination, payment, proposed payment or failure to act under this section may petition the court for appropriate relief including a family allowance other than one that the personal representative determined or could have determined.