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A.R.S. § 14-3108

Two-Year Time Limit for Starting Probate

Verified April 4, 202657th Legislature, 1st Regular Session

Arizona sets a two-year deadline for starting most probate proceedings after someone passes away. After that window closes, options narrow. There are limited exceptions, but waiting too long can complicate or prevent the process entirely.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

The General Two-Year Rule

Arizona law draws a clear line: most probate proceedings must start within two years of the decedent's death. This applies to informal probate, formal probate, and petitions to appoint a personal representative. The deadline keeps estates from lingering and gives families a defined window to act.

An informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, shall not be commenced more than two years after the decedent's death.

A.R.S. § 14-3108

This does not mean the entire probate process must finish within two years. It means the initial filing must happen within that window. Once the case is opened, the court process continues on its own timeline.

When the Deadline Does Not Apply

The statute carves out several exceptions. If a prior proceeding was dismissed because of uncertainty about whether the person actually died, a new proceeding can be filed later. The same flexibility applies when a conservator has been managing assets for someone who disappeared.

A will contest also gets its own timeline. An interested party challenging an informally probated will has the later of twelve months from the informal probate or two years from the date of death.

A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of twelve months from the informal probate or two years from the decedent's death.

A.R.S. § 14-3108(3)

There is also a narrow exception allowing probate proceedings after two years if no court proceeding has occurred during that period. A personal representative appointed under this exception has limited authority. They cannot collect claims beyond administration expenses.

Why Prompt Action Matters

These deadlines reinforce why prompt action matters. Families who delay risk losing options entirely. For a small estate, there may be simpler alternatives to formal probate. But for larger estates involving real estate or other significant assets, missing the two-year window can create serious problems. Many families find that starting the process within 30 days of a loved one's passing helps avoid complications later.

An informal probate or appointment proceeding or formal testacy or appointment proceeding, other than a proceeding to probate a will previously probated at the testator's domicile and appointment proceedings relating to an estate in which there has been a prior appointment, shall not be commenced more than two years after the decedent's death, except: 1. If a previous proceeding was dismissed because of doubt about the fact of the decedent's death, appropriate probate, appointment or testacy proceedings may be maintained at any time thereafter upon a finding that the decedent's death occurred prior to the initiation of the previous proceeding and the applicant or petitioner has not delayed unduly in initiating the subsequent proceeding. 2. Appropriate probate, appointment or testacy proceedings may be maintained in relation to the estate of an absent, disappeared or missing person for whose estate a conservator has been appointed, at any time within two years after the conservator becomes able to establish the death of the protected person. 3. A proceeding to contest an informally probated will and to secure appointment of the person with legal priority for appointment in the event the contest is successful may be commenced within the later of twelve months from the informal probate or two years from the decedent's death. 4. An informal probate or appointment or a formal testacy or appointment proceeding may be commenced thereafter if no court proceeding concerning the succession or administration has occurred within the two year period. If proceedings are brought under this exception, the personal representative has no right to possess estate assets as provided in section 14-3709 beyond that necessary to confirm title thereto in the rightful successors to the estate. Claims other than expenses of administration shall not be presented against the estate. These limitations do not apply to proceedings to construe probated wills or ...

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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