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A.R.S. § 33-1126

Money, Insurance, and Retirement Account Exemptions in Arizona

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Arizona shields a broad range of financial assets from creditor claims, including retirement accounts (401(k), IRA, 403(b), 457), life insurance proceeds, health and disability benefits, child support payments, 529 college savings, and up to $5,000 in a bank account.

Title 33, HOMESTEADS AND EXEMPTIONS

azleg.gov

Retirement Accounts Are Fully Protected

Arizona provides one of the strongest retirement account protections in the country. Money held in qualified retirement plans, including 401(k), 403(b), traditional and Roth IRAs, 408 plans, and government 457 deferred compensation plans, is completely exempt from all creditor claims.

Any money or other assets payable to a participant in or beneficiary of, or any interest of any participant or beneficiary in, a retirement plan under section 401(a), 403(a), 403(b), 408, 408A or 409 or a deferred compensation plan under section 457 of the United States internal revenue code of 1986, as amended, whether the beneficiary's interest arises by inheritance, designation, appointment or otherwise, is exempt from all claims of creditors of the beneficiary or participant.

A.R.S. § 33-1126(B)

There are limited exceptions. Contributions made within 120 days before a bankruptcy filing are not protected. Qualified domestic relations orders (used in divorce) can divide retirement assets. But outside those narrow situations, retirement savings are off limits to creditors entirely.

Life Insurance, Bank Accounts, and Other Protected Funds

The statute protects several other categories of financial assets. A surviving spouse or child can receive up to $20,000 in life insurance proceeds free from creditor claims. Cash surrender values of life insurance policies owned for at least two years are exempt when a family member is the beneficiary. Annuity contracts with the same two-year ownership and family beneficiary requirements are similarly protected.

Every Arizona resident can protect $5,000 in a single bank account (adjusted annually for inflation starting January 2024). College savings in a 529 plan are exempt, though contributions made within two years of a bankruptcy filing are excluded. Child support and spousal maintenance payments are fully protected, as are health, accident, and disability insurance benefits.

One often-overlooked provision: if you do not claim a homestead exemption on real property, you can instead claim up to $2,000 in prepaid rent and security deposits as a personal property homestead. This gives renters a form of housing protection similar to what homeowners receive.

33-1126. Money benefits or proceeds; exception (Caution: 1998 Prop. 105 applies) A. The following property of a debtor is exempt from execution, attachment or sale on any process issued from any court: 1. All money received by or payable to a surviving spouse or child on the life of a deceased spouse, parent or legal guardian, of not more than $20,000. 2. The earnings of the minor child of a debtor or the proceeds of these earnings by reason of any liability of the debtor not contracted for the special benefit of the minor child. 3. All monies received by or payable to a person entitled to receive child support or spousal maintenance pursuant to a court order. 4. All money, proceeds or benefits of any kind to be paid in a lump sum or to be rendered on a periodic or installment basis to the insured or any beneficiary under any policy of health, accident or disability insurance or any similar plan or program of benefits in use by any employer. 5. All money arising from any claim for the destruction of, or damage to, exempt property and all proceeds or benefits of any kind arising from fire or other insurance on any property exempt under this article. 6. The cash surrender value of life insurance policies where for a continuous unexpired period of two years the policies have been owned by a debtor. 7. An annuity contract where for a continuous unexpired period of two years that contract has been owned by a debtor and has named as beneficiary the debtor, the debtor's surviving spouse, child, parent, brother or sister, or any other dependent family member. 8. Any claim for damages recoverable by any person by reason of any levy on or sale under execution of that person's exempt personal property or by reason of the wrongful taking or detention of that property by any person, and the judgment recovered for damages. 9. A total of $5,000 held in a single account in any one financial institution as defined by section 6-101. 10. An interest in a college savings plan under section 529 of the internal revenue code of 1986, either as the owner or as the beneficiary. 11. All federal or state personal income tax credits from any federal or state earned income tax credits or federal or state child tax credits. B. Any money or other assets payable to a participant in or beneficiary of, or any interest of any participant or beneficiary in, a retirement plan under section 401(a), 403(a), 403(b), 408, 408A or 409 or a deferred compensation plan under section 457 of the United States internal revenue code of 1986, as amended, whether the beneficiary's interest arises by inheritance, designation, appointment or otherwise, is exempt from all claims of creditors of the beneficiary or participant. C. Any person who is at least eighteen years of age, married or single, who resides within this state and who does not exercise the homestead exemption under article 1 of this chapter may claim as a personal property homestead exempt from all process prepaid rent, including security deposits as provided in section 33-1321, subsection A, for the claimant's residence, of not more than $2,000. D. This section does not exempt property from orders that are the result of a judgment for arrearages of child support or for a child support debt.
View on azleg.gov

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.

Related Questions

Should I roll over my 401(k) into an IRA after I retire in Arizona?

For most Arizona retirees, rolling a 401(k) into an IRA provides more investment choices, lower fees, and easier estate planning coordination. Use a direct rollover to avoid the 20% federal withholding. Arizona does not tax Social Security benefits.

Are retirement accounts and life insurance exempt from creditors in Arizona?

Yes. Arizona fully exempts retirement accounts (401(k), IRA, 403(b), 457) from creditor claims under A.R.S. 33-1126(B). Life insurance proceeds up to $20,000 and cash surrender values of policies owned two or more years are also protected.

Related Statutes

§ 33-1101Arizona's Homestead Exemption: How Much Equity Is Protected
§ 33-1102Arizona's Homestead Exemption Is Automatic: No Filing Required
§ 33-1103How Far the Homestead Exemption Reaches in Arizona
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