The Reach of Fraud Claims Under Title 14
Fraud in estate matters is not just a moral problem. It is a legal one with specific remedies. A.R.S. 14-1106 gives anyone injured by fraud a path to appropriate relief against the person who committed it. But the statute goes further: it also allows recovery from anyone who benefited from the fraud, whether they knew about it or not. The only exception is a bona fide purchaser.
If fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefiting from the fraud, whether innocent or not.
A.R.S. § 14-1106This covers a wide range of misconduct: forged wills, fraudulent statements in probate filings, schemes to evade the purposes of Title 14, and similar actions. The statute is intentionally broad in scope.
Time Limits for Bringing a Claim
The statute imposes two deadlines. A fraud claim must be filed within two years after the fraud is discovered. But no claim can be brought against someone who did not personally commit the fraud more than five years after the fraud occurred.
There is also an important boundary: this section does not affect remedies for fraud that was committed against a person during their lifetime and later impacted how their estate passes. Those situations are handled under other legal doctrines. A.R.S. 14-1106 focuses specifically on fraud connected to proceedings and filings under Title 14.
