The Protection You Cannot Give Away
Creditors sometimes try to include waiver clauses in contracts, asking borrowers to give up their right to exempt property. Arizona shuts that door. This statute declares that any agreement to waive the exemption rights in this article is void, regardless of what the contract says or when it was signed.
Notwithstanding any agreement to the contrary, a waiver of the exemption rights provided by this article shall be void and unenforceable, except as specifically provided in section 33-1122 and when done with notice.
A.R.S. § 33-1132The one exception references A.R.S. 33-1122, which deals with security interests in specific personal property. When a debtor voluntarily pledges particular property as collateral and receives proper notice, that transaction is treated differently from a blanket waiver of exemption rights.
Why This Matters for Estate Planning
This protection is automatic. You do not need to do anything to activate it. If a creditor tries to enforce a waiver clause against you or your estate, Arizona law is clear: the waiver has no teeth. For families going through estate settlement, this means certain property remains protected from creditor claims even if the deceased signed a contract that purported to waive those protections. It is one of several layers of debtor protection that Arizona builds into its property laws.