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A.R.S. § 12-501

Tolling the Statute of Limitations When Someone Leaves Arizona

Verified May 16, 2026 • 57th Legislature, 1st Regular Session

If someone you have a claim against is outside Arizona, the clock on the statute of limitations pauses. The time they spend out of state does not count toward the deadline to sue. This rule can matter for families chasing down a missing personal representative, an absconding beneficiary, or a defendant who has moved away.

Title 12, LIMITATIONS OF ACTIONS

azleg.gov

What This Statute Says

Arizona puts deadlines on most lawsuits. A creditor or family member who waits too long usually loses the right to sue. This statute creates a fairness exception: the clock pauses when the defendant is not in Arizona.

When a person against whom there is a cause of action is without the state at the time the cause of action accrues or at any time during which the action might have been maintained, such action may be brought against the person after his return to the state. The time of such person's absence shall not be counted or taken as a part of the time limited by the provisions of this chapter.

A.R.S. § 12-501

The time someone spends out of Arizona does not count toward the deadline. If a person leaves for three years and comes back, the clock pauses for those three years.

When This Statute Comes Into Play

Estate disputes can stretch on for years. A few common scenarios where 12-501 matters:

  • A personal representative moves out of state before finishing the probate and beneficiaries later discover unpaid claims.
  • A relative who held a power of attorney during a parent's final years moves away, and the family discovers questionable transactions only after the parent dies.
  • A debtor of the estate leaves Arizona before the personal representative can collect on the obligation.

In each case, the absence of the defendant from Arizona extends the time the estate has to sue. The estate is not punished for the defendant's choice to leave.

What This Means for Arizona Families

Many Arizona families assume that once a probate is closed or a few years have passed, the door is shut on stale claims. This statute keeps the door open in one important situation: when the person responsible has spent significant time outside Arizona.

If you are administering an estate and you discover a possible claim against someone who has moved out of state, do not assume the deadline has passed. The time they spent away may have paused the clock. A short consultation with an Arizona probate attorney can help you confirm whether a claim is still alive.

This also matters in reverse. If you have moved out of Arizona and someone is trying to sue you over an old Arizona obligation, you may not be able to rely on the basic statute of limitations. See our FAQ on probate timelines in Arizona for related context. Arizona law treats your absence as a pause, not as a free pass. Working with a probate attorney early lets you understand exactly how the clock runs in your situation before assumptions about the deadline lead to surprises.

When a person against whom there is a cause of action is without the state at the time the cause of action accrues or at any time during which the action might have been maintained, such action may be brought against the person after his return to the state. The time of such person's absence shall not be counted or taken as a part of the time limited by the provisions of this chapter.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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