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A.R.S. § 14-2402

Homestead allowance

Applied in 4 court decisions — leading case Baker v. Gardner (1989)

Most recently applied in Porter v. Estate of Pigg (January 1993)

How often courts cite this section

197819801990199310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A. A decedent's surviving spouse is entitled to a homestead allowance of $18,000. If there is no surviving spouse each minor child and each dependent child of the decedent are entitled to a homestead allowance of $18,000 divided by the number of minor and dependent children of the decedent.

B. The homestead allowance is exempt from and has priority over all claims against the estate, except expenses of administration.

C. The homestead allowance is chargeable against any benefit or share that passes to the surviving spouse or minor or dependent child by the decedent's will, by nonprobate transfer pursuant to section 14-6101 or by intestate succession, unless it is otherwise provided by the decedent's will or by the governing instrument for a nonprobate transfer. To determine the homestead allowance under this section, a survivorship interest in a joint tenancy of real estate is considered a nonprobate transfer pursuant to section 14-6101.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.