The General Rule: Most Claims Continue
Death does not automatically end a lawsuit or legal claim. In Arizona, the vast majority of causes of action survive and can be pursued by or against the personal representative of the deceased person's estate. If someone owed money, caused property damage, or breached a contract, that claim persists after their death.
Every cause of action, except a cause of action for damages for breach of promise to marry, seduction, libel, slander, separate maintenance, alimony, loss of consortium or invasion of the right of privacy, shall survive the death of the person entitled thereto or liable therefor, and may be asserted by or against the personal representative of such person.
A.R.S. § 14-3110This works in both directions. If the deceased had a claim against someone, the personal representative can pursue it. If someone had a claim against the deceased, they can bring it against the estate.
What Does Not Survive
The statute lists specific exceptions. Claims for breach of promise to marry, seduction, libel, slander, separate maintenance, alimony, loss of consortium, and invasion of the right of privacy all end at death. These are considered personal in nature, meaning they belong to the individual rather than their estate.
There is one additional limitation worth noting: when the injured person dies, damages for pain and suffering cannot be recovered. The estate can still pursue other elements of the claim, such as medical expenses or property damage, but the personal pain component does not transfer.
Why This Matters for Estate Settlement
Understanding which claims survive helps families and personal representatives make informed decisions during estate administration. An estate may have significant value tied up in a pending lawsuit, or it may face claims from creditors or other parties. Knowing that most claims continue means the personal representative needs to evaluate both sides of the ledger: what the estate can collect and what it may owe.
