Agans v. Barnd

*368OPINION

TOCI, Judge.

¶ 1 This appeal involves a dispute between a decedent’s surviving spouse and his mother over the proceeds of a term life insurance policy. Because insufficient assets existed from which to pay statutory allowances to the surviving spouse, the trial court granted a petition to include the insurance proceeds in the probate estate. The issue presented by this appeal is whether Arizona’s adoption of the Uniform Probate Code (“U.P.C.”) abrogates prior case law that community insurance proceeds payable to a third party are subject to the payment of statutory allowances in…