Matter of Estate of Beaman

OPINION

EUBANK, Presiding Judge.

The primary question raised by this appeal is whether A.R.S. § 14-2204 (Uniform Probate Code § 2-204), infra, requires that a waiver of rights by a surviving spouse in a decedent spouse’s estate be reduced to writing and signed by the surviving spouse before it is effective. The trial court was of the opinion that the statute did not require a writing and denied appellant’s petition to establish her rights as surviving spouse under her decedent husband’s will, and for an allowance in lieu of homestead, for exempt property and for a family allowance.

The trial…