Two-Year Time Limit for Starting Probate

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.

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.

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.