Arizona Revised Statutes
Ariz. Rev. Stat. § 14-3809 (2026)
Secured claims
✓ current as of May 2026
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Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security, otherwise payment is upon the basis of one of the following:
1. If the creditor exhausts his security before receiving payment, unless precluded by other law, upon the amount of the claim allowed less the fair value of the security.
2. If the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise or litigation.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 1986–2024 · leading case: Binder v. Fruth, 721 P.2d 679 (Ariz. Ct. App. 1986).
Binder v. Fruth, 721 P.2d 679 (Ariz. Ct. App. 1986). “A.R.S. § 14-3809 provides: Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security, otherwise payment is upon the basis of one of the following: 1.”
Arizona Health Care Cost Containment Sys. v. Allen, 173 P.3d 448 (Ariz. Ct. App. 2007). “¶ 17 The method of paying secured claims within a probate proceeding is addressed in A.R.S. § 14-3809 (2005). If a secured creditor surrenders the security, the secured claim is paid on the basis of the amount allowed.”
Interior v. McClure (Ariz. Ct. App. 2024). “¶12 The superior court relied on A.R.S. § 14-3809 and our ruling in Binder v.”
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