Exempt Property: Definition | RJP Estate Planning

Probate & Legal

Published April 3, 2026Reviewed October 29, 2026

Up to $7,000 in personal property (furniture, vehicles, appliances) that a surviving spouse or children can claim from an estate, protected from creditors.

Exempt property is a category of personal belongings set aside by Arizona law (A.R.S. § 14-2403). It goes to the surviving spouse first. If there is no surviving spouse, minor and dependent children receive it. This protection exists apart from the homestead allowance and family allowance.

What Qualifies as Exempt Property

The statute lists five categories of personal property:

Household furniture
Automobiles
Furnishings
Appliances
Personal effects

These items can total up to $7,000 in value above any outstanding loans. If the estate lacks enough of these items, the surviving family can claim other assets to cover the gap.

Priority Over Creditor Claims

Exempt property rights come before nearly all claims against the estate. Only handling expenses rank higher. Creditors cannot force the sale of these everyday belongings first. The surviving family receives them before creditors collect. Like the homestead allowance, exempt property counts against the family's overall share.