What This Statute Says
The statute of limitations exists to give people peace of mind once enough time has passed. Arizona also recognizes that someone may genuinely want to acknowledge or pay an old obligation. This section sets the formality that voluntary acknowledgment must meet to revive a barred claim: a signed writing.
When an action is barred by limitation no acknowledgment of the justness of the claim made subsequent to the time it became due shall be admitted in evidence to take the action out of the operation of the law, unless the acknowledgment is in writing and signed by the party to be charged thereby.
A.R.S. § 12-508When This Statute Comes Into Play
Common scenarios:
- An adult child writes and signs a letter to a creditor agreeing the deceased parent's old loan should be paid. The signed writing may revive the claim against any party who signed it.
- A debtor sends a casual email referencing an old debt without explicit acknowledgment. The casual reference usually does not satisfy this section.
- A family member makes an oral promise to pay an old credit card balance. Oral promises generally do not revive a barred claim.
What This Means for Arizona Families
Old debts can resurface during probate or trust administration. A family member sometimes feels morally obligated to pay something the decedent owed. That is an honorable instinct, but it has legal consequences. A casual offer made in writing and signed can become a binding commitment.
If you are administering an estate and find old, time-barred bills, you generally do not have to pay them. Before you sign anything acknowledging an obligation, talk to an Arizona probate attorney. A short letter could revive a claim that the law had already retired. On the other side, if you believe you have a valid debt owed to you and the deadline has run, a clear written acknowledgment from the responsible party is one of the few paths to reviving the claim. Our FAQ on whether creditors can pursue inherited money covers the related question of when family members are exposed. The personal representative needs to handle these situations carefully so the estate is not exposed to revived claims it was free of.