Who Qualifies for the Family Allowance
The family allowance helps keep a surviving spouse and dependent children stable during estate settlement. Settling an estate takes time. The people who depended on the deceased should not go without support.
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 regular payments. If the surviving spouse is alive, the payment goes to the spouse. It covers the spouse along with any minor or dependent children.
If the spouse is not living, the money goes to the children. It can also go to the person caring for them.
Priority Over Other Claims
The family allowance holds a strong spot in the priority system. It outranks all claims except management costs and the homestead allowance. In other words, creditors usually 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 key limit. If the estate does not have enough to cover all claims, the allowance cannot last more than one year. The allowance also counts against any share the spouse or children would otherwise get from the estate.
If a person who gets the allowance dies before all payments go out, the remaining payments stop.