Skip to main content
Skip to explanation
A.R.S. § 14-3903

Right of Retainer: Heir Owes the Estate

Verified April 4, 202657th Legislature, 1st Regular Session

If someone set to inherit from an estate also owes the estate money, the law allows the estate to offset that debt against the inheritance. The amount owed is subtracted from the heir's share before distribution. The heir keeps any legal defenses they would normally have.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

How the Offset Works

Estate settlement sometimes involves a straightforward question: what happens when a beneficiary owes money to the person who passed away? This statute addresses it directly. If a successor has a noncontingent debt owed to the estate, the amount due is subtracted from their share of the inheritance.

The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest, but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt.

A.R.S. § 14-3903

This applies to debts that are certain and not dependent on some future event. If the debt is not yet due, the estate calculates its present value and applies the offset. The key protection for the beneficiary is that any defense they could raise in a regular lawsuit still applies. If they dispute the debt, the personal representative cannot simply deduct it without addressing that dispute.

Why This Matters for Families

Family loans are common. A parent might lend money to an adult child for a down payment or business start. The funds may have come from a bank account or from the estate's assets directly. If the parent passes away before the loan is repaid, this statute keeps the distribution fair for all beneficiaries.

At the same time, it protects the borrowing heir by preserving their right to contest whether the debt owed is valid or enforceable. The personal representative must still document the debt and allow the heir to respond before applying the offset.

For families settling an estate with outstanding loans, clear records matter. A written loan agreement or evidence of the original transfer from a bank account can prevent disputes during distribution.

The amount of a noncontingent indebtedness of a successor to the estate if due, or its present value if not due, shall be offset against the successor's interest, but the successor has the benefit of any defense which would be available to him in a direct proceeding for recovery of the debt.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Get Started Today

Need Help With Your Estate Plan?

Whether you are just getting started or reviewing an existing plan, RJP Estate Planning works hand in hand with experienced estate planning counsel to help you understand your options.

(480) 346-3570