Who Selects the Property
Several people get the first chance to pick which estate property fills the homestead allowance and exempt property rights. This includes the surviving spouse, adult children, or guardians of minor children.
If they do not act in a fair amount of time, the personal representative steps in.
If the estate is otherwise sufficient, property specifically devised may not be used to satisfy rights to homestead allowance or exempt property. Subject to this restriction, the surviving spouse, guardians of minor children or children who are adults may select property of the estate as homestead allowance and exempt property.
A.R.S. § 14-2405(A)There is one key protection. Property left to someone specific in the will cannot fill these allowances. This applies as long as the estate has enough other assets to cover them.
The Family Allowance Cap
The personal representative can set the family allowance amount within legal limits. The cap is $12,000 as a lump sum or $1,000 per month for up to one year. The family's immediate needs at the time of death are the main concern.
The personal representative may determine the family allowance in a lump sum that does not exceed twelve thousand dollars or in periodic installments that do not exceed one thousand dollars per month for one year, and may disburse monies of the estate in payment of the family allowance and any part of the homestead allowance payable in cash.
A.R.S. § 14-2405(C)If anyone disagrees with the choice or payment, they can ask the court for help. The personal representative can also sign deeds to transfer property taken as a homestead or exempt property.
For families with minor children, this process brings stability during a hard time. The allowance covers basic living costs while the estate goes through probate.