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Non-Testamentary Dispositions of Assets in an Arizona Probate

Posted on : August 10, 2016, By:  Chris Hildebrand
Nontestamentary Dispositions of Assets in an Arizona Probate

Non-testamentary Disposition of Assets in an Arizona Probate

In Arizona, a surviving spouse is entitled to a statutory allowance from the other spouse’s estate. Sometimes the estate doesn’t have enough

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assets to pay that allowance. Arizona law gave the probate court authority to take the decedent’s life insurance policy proceeds to pay that allowance.

This was true even when another person was named as beneficiary. In re: re Estate of Agens, 998 P.2d 449 (1999) the Arizona Supreme Court considered Arizona law on that subject.

Specifically, it looked at whether the Uniform Probate Code changed that result.

Facts of the Case

Mr. Agans died while married. His wife opened probate but found that there were not enough assets in the estate to pay her surviving spouse’s allowance.

She asked the court to bring into the estate the proceeds of a life insurance policy. The couple purchased it during the marriage with community funds. The named beneficiary was Mr. Agans’s mother. The probate court agreed with the wife.

It ordered that the life insurance proceeds of $20,000 should be part of the estate. An appeal of that ruling followed.

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Prior Arizona Law

The Court reviewed the current state of the law in Arizona on the subject. Arizona is a community property state. This means that all money earned by either spouse during a marriage belongs to the marriage community.

When that community money is spent on a life insurance policy, the surviving spouse has an interest in the proceeds. This is true even if a different person is named as beneficiary.

When the estate lacks funds to pay the surviving spouse’s allowance, the court can use the insurance proceeds.

Impact of Uniform Probate Code

Non-Testamentary Dispositions of Assets in an Arizona Probate.

However, all this was law before Arizona passed the Uniform Probate Code. The Arizona Supreme Court ruled that the Uniform Probate Code specifically changed that law.

The Uniform Code limits probate authority to take assets that normally pass to a third party outside of probate. These assets, termed “nontestamentary dispositions,” can include payable-on-death accounts and insurance policies.

Under the uniform laws, nontestamentary dispositions cannot be reclaimed by the estate to pay surviving spouse benefits. Only testamentary dispositions (those written into the will, like bequests to third parties) yield to a spouse’s allowance.

Conclusion

The Arizona Supreme Court reversed the trial court’s order. It said the court could not grant the petition including the proceeds in the estate. Those insurance proceeds could not be taken to pay Wife’s statutory allowances. The Court ordered the trial court to determine whether Wife had any community property rights in the insurance proceeds.

Scottsdale Arizona Divorce Attorney.

Scottsdale Arizona Divorce Attorney.

Chris Hildebrand wrote the information on this page about Arizona probate and non-testamentary disposition of assets  in Arizona to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.

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