Who Qualifies for the Family Allowance
The family allowance is designed to keep a surviving spouse and dependent children financially stable during the period of estate administration. It recognizes that settling an estate takes time, and the people who depended on the deceased should not be left without support while the process unfolds.
The decedent's surviving spouse and minor children whom the decedent was obligated to support and children who were in fact being supported by the decedent are entitled to a reasonable allowance in money out of the estate for their maintenance during the period of administration.
A.R.S. § 14-2404(A)The allowance can be paid as a lump sum or in periodic installments. If the surviving spouse is living, the payment goes to the spouse for the benefit of both the spouse and any minor or dependent children. If the spouse is not living, it goes directly to the children or to the person caring for them.
Priority and Limits
The family allowance holds a strong position in Arizona's priority system. It is exempt from and has priority over all claims against the estate except for administration expenses and the homestead allowance. That means creditors generally cannot block or reduce it.
The family allowance is exempt from and has priority over all claims except expenses of administration and except the homestead allowance.
A.R.S. § 14-2404(B)There is one important constraint: if the estate does not have enough assets to cover all allowed claims, the family allowance cannot continue for more than one year. The allowance is also chargeable against any benefit the surviving spouse or children would otherwise receive from the estate, whether by will, nonprobate transfer, or intestate succession. And if a person entitled to the allowance dies before all payments are made, their right to any remaining payments ends.