Claims Already Barred Stay Barred
If a creditor's claim was too old to pursue before the person died, death does not revive it. Arizona law is clear: no claim that was barred by any statute of limitations at the time of death can be allowed or paid from the estate.
If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid.
A.R.S. § 14-3802This protects estates from stale claims. If a creditor waited too long to sue while the person was alive, they cannot use the person's death as a second chance.
The Four-Month Pause After Death
For claims that were not yet barred at the time of death, Arizona suspends the running of the limitations period for four months. After that pause, the clock resumes. This gives the personal representative time to get organized and begin the claims process without worrying about deadlines expiring in the meantime.
There is one important tool available: the personal representative, with the consent of all successors whose interests would be affected, may waive the statute of limitations defense. This flexibility only applies when the estate is solvent. It allows the personal representative to voluntarily pay a claim that might otherwise be time-barred, if doing so makes practical sense for the estate.
Presenting a claim properly under A.R.S. 14-3804 counts the same as filing a lawsuit for limitations purposes. This means a creditor who submits a written claim to the personal representative within the deadline has preserved their rights, even without going to court.