Arizona Revised Statutes

Ariz. Rev. Stat. § 14-2401 (2026)

Applicable law

✓ current as of May 2026
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This article applies to the estate of a decedent who dies domiciled in this state. Rights to homestead allowance, exempt property and family allowance for a decedent who is not domiciled in this state at the time of death are governed by the law of the decedent's domicile at death.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1978–2026 · leading case: Jordan v. Burgbacher, 883 P.2d 458 (Ariz. Ct. App. 1994).
Jordan v. Burgbacher, 883 P.2d 458 (Ariz. Ct. App. 1994). · cites it 2× “See AR.S. §§ 14-2401 through 14-2403 (allowance in lieu of homestead, exempt property and family allowance); A.”
Matter of Est. of Messer, 576 P.2d 150 (Ariz. Ct. App. 1978). · cites it 8× “The primary issue on appeal is the effect of an amended judgment for separate maintenance on the rights of a surviving spouse and surviving children to an allowance in lieu of homestead, exempt property allowance, and family allowance pursuant to A.R.S. §§ 14-2401, 14-2402,…”
Matter of Est. of Shano, 869 P.2d 1203 (Ariz. Ct. App. 1993). · cites it 2× “A.R.S. §§ 14-2401, -2402, and -2403. Thus, although Thelma was not a named beneficiary in decedent's holographic will, she was by definition a successor to decedent's estate.”
Porter v. Est. of Pigg, 854 P.2d 1180 (Ariz. Ct. App. 1993). · cites it 2× “On January 22, 1990, appellant made a claim against the estate of Ludie Lee, as her surviving spouse, for an allowance in lieu of homestead under A.R.S. § 14-2401 and an exempt property allowance under A.”
Buhler v. Adkins, 607 P.2d 970 (Ariz. Ct. App. 1979). · cites it 23× “The personal representative maintained that appellant was not entitled to either the homestead or the exempt property allowance in A.R.S. §§ 14-2401 and 2402 due to the fact that she was not a resident of Arizona when her claim was filed.”
Reece v. Chu (Ariz. Ct. App. 2020). · cites it 7× “CHU Decision of the Court A.R.S. §§ 14-2401 through 14-2404.3 These “surviving spouse” claims accrued upon Elsie’s death less than eight months earlier.”
In Re the Marriage of quijada/dominguez, 550 P.3d 153 (Ariz. 2024). · cites it 2× “Nevertheless, each statute or case referenced is not in any way negatively impacted by a determination that Rendon lacks the legal capacity to establish domicile in Arizona due to her former visa status and because she failed to provide any legal authority that allows her to…”
Buhler v. Adkins, 607 P.2d 956 (Ariz. 1980). · cites it 3× “It is appellant’s claim, as surviving spouse, for the family allowances and exemptions under A.R.S. §§ 14-2401, 2402 and 2403, which has given rise to the instant dispute.”
In re Est. of Kohnen, 2026 IL App (2d) 250453 (Ill. App. Ct. 2026). “” Ariz. Rev. Stat. § 14-2401 (2025). However, it is far from clear that any of these rights include or encompass the right to a spousal share upon renunciation of a will.”
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