Section 9.2.2.1 – Nonprobate Transfers That Are Not Subject to Probate Creditors
Although life insurance policies, annuities, individual retirement plans and pension plans are identified as included among nonprobate transfers in A.R.S. § 14-6101(B), they are not subject to probate creditors' claims because of exemptions provided by other statutes and regulations. A.R.S. § 20-1131 specifically exempts insurance policies, subject to certain exceptions (see Estate of King and Estate of Gottier, infra); A.R.S. § 33-1126(A)(7) exempts some annuities payable to decedent's family; and A.R.S. § 33-1126(B) exempts qualified plans and IRAs; ERISA exempts most qualified retirement plans from probate creditors' claims (see ERISA's anti-alienation clause, 29 U.S.C. § 1144(a)); IRAs are similarly protected under federal law (see 26 U.S.C. § 401(a)(13)); and A.R.S. § 14-6102(I) removes certain joint tenancy...
