The General Rule: Most Claims Continue
Death does not automatically end a lawsuit or legal claim. Under Arizona law, the vast majority of causes of action survive. They can be pursued by or against the personal representative of the deceased person's estate. This includes a survival action for debts owed, property damage, or breach of contract.
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 legal action 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. They belong to the individual, not 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 seek compensation for other elements of the claim, such as medical expenses, lost wages, 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. An estate may have significant value tied up in a pending lawsuit. It may also face claims from creditors or other parties. Knowing that most claims continue means the personal representative needs to evaluate both sides: what the estate can collect and what it may owe.
A surviving spouse or other family member often serves as personal representative. That person steps into the role of managing any legal action the estate holds or faces. For wrongful death claims specifically, Arizona has a separate wrongful death action statute. That type of claim belongs to the surviving family, not the estate. But the survival action, which covers damages the deceased suffered before death, is an estate claim that the representative handles. Many families find it helpful to understand this distinction early in the estate settlement process.