14-2402. Homestead allowance
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.
Notes of Decisions
Cited in
7
cases (
1 in the last 5 years), 1978–2025 · leading case:
Baker v. Gardner, 770 P.2d 766 (Ariz. 1989).
Baker v. Gardner, 770 P.2d 766 (Ariz. 1989).
· cites it 4× “, A.R.S. § 14-2402. *100 The Gardners counter that this interpretation of § 33-722 circumvents A.”
Porter v. Est. of Pigg, 854 P.2d 1180 (Ariz. Ct. App. 1993).
· cites it 2× “§ 14-2401 and an exempt property allowance under A.R.S. § 14-2402. Both of these allowances are predicated upon appellant’s status as the surviving spouse of Ludie Lee at the time of her death.”
Matter of Est. of Messer, 576 P.2d 150 (Ariz. Ct. App. 1978).
· cites it 2× “” A.R.S. § 14-2402. Exempt property. “In addition to the allowance in lieu of homestead the surviving spouse of a decedent who was domiciled in this state is entitled from the estate to value not exceeding three thousand five hundred dollars in excess of any security interests…”
Kuerschner v. Kuerschner (Ariz. Ct. App. 2025).
· cites it 4× “She asserted claims, for example, to the statutory homestead allowance of $18,000, see A.R.S. § 14-2402(A), and the family allowance of $12,000, see A.”
Buhler v. Adkins, 607 P.2d 970 (Ariz. Ct. App. 1979).
· cites it 5× “§ 14-2401 and A.R.S. § 14-2402. The fact *96 that the new sections require the decedent to have been a domiciliary or the fact that A.”
In re the Est. of Fishman, 30 P.3d 140 (Ariz. Ct. App. 2001).
· cites it 2× “¶ 12 The issue Division One of this court addressed in Estate ofAgans was whether a surviving spouse’s statutory allowances under A.R.S. § 14-2402 through 14-2404 include life insurance proceeds payable to a third party.”
Buhler v. Adkins, 607 P.2d 956 (Ariz. 1980).
· cites it 2× “Similarly, § 14-2402 states: [T]he surviving spouse of a decedent who was domiciled in this state is entitled from the estate to value not exceeding three thousand five hundred dollars .”
— Ariz. Rev. Stat. § 14-2402(A) — 1 case
Kuerschner v. Kuerschner (Ariz. Ct. App. 2025).
“She asserted claims, for example, to the statutory homestead allowance of $18,000, see A.R.S. § 14-2402(A), and the family allowance of $12,000, see A.”
— Ariz. Rev. Stat. § 14-2402(C) — 1 case
Kuerschner v. Kuerschner (Ariz. Ct. App. 2025).
“She asserted claims, for example, to the statutory homestead allowance of $18,000, see A.R.S. § 14-2402(A), and the family allowance of $12,000, see A.”
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