Detailed Answer
In Arizona probate, a year’s allowance provides financial support to a decedent’s surviving spouse and minor children out of the estate’s net personal property. Under A.R.S. §14-2702, they may claim up to one year’s worth of support in cash or specified household goods, clothing, fuel and other personal items. A.R.S. §14-2702
When you request a year’s allowance, you—if you are the claimant—file a petition with the court stating your relationship to the decedent, the amount or items you request, and the date of death. You do not personally list every item; instead, the personal representative prepares and files a full inventory of the estate’s assets, including all personal property, under A.R.S. §14-4404. This inventory shows the total value of net personal assets from which the year’s allowance will be set aside.
The personal representative has a statutory duty to include every category of personal property—bank accounts, furniture, jewelry, vehicles, household goods and other chattels—on the inventory. The court uses that detailed list to determine how much remains in the estate’s personal property pool and to allocate specific assets toward the year’s allowance, ensuring the claimant receives no more than one year’s support.
If you are the personal representative, you must compile and file the inventory within the time frame set by the probate code, typically within 60 days of appointment. If you are the surviving spouse or minor child petitioning for allowance, focus on proving your entitlement and proposed allocation; the court relies on the representative’s inventory to verify available assets.
Key Statutes
- A.R.S. §14-2702 – Year’s allowance for spouse and minor children
- A.R.S. §14-4404 – Inventory and appraisal requirements
Helpful Hints
- Submit your year’s allowance petition within three months of the personal representative’s appointment to avoid missing the deadline.
- As a claimant, clearly describe the requested amount or specific items (e.g., “up to $20,000 in cash” or “household furniture and clothing”) to streamline court approval.
- If you’re the personal representative, categorize personal property by type (bank accounts, vehicles, jewelry) to simplify valuation and court review.
- Keep detailed records of all estate assets, receipts and valuations to defend against creditor claims and to support the allowance calculation.
- Consult Arizona probate forms for standardized petitions and inventory schedules to ensure compliance with local rules.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a licensed attorney in Arizona.