Time Limits on Claims Against an Estate

Claims Already Barred Stay Barred

If a creditor's claim was too old to pursue before the person died, death does not revive it. No claim based on any legal theory that was barred at the time of the decedent's death can be allowed or paid from the estate. The nonclaim statute works alongside these time limits to protect the estate from stale claims against a decedent estate.

This 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. Any claim based on events that occurred years after the decedent might have forgotten them is likely already barred.

The Four-Month Pause After Death

For claims that were not yet barred at the time of death, the law suspends the running of the limitations period for four months. After that pause, the clock resumes with any time remaining on the original deadline. This gives the personal representative time to get organized and begin the claims process.

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 representative to voluntarily pay a claim that might otherwise be time-barred, if doing so makes practical sense for the estate that arose from the obligation.

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.

For families, understanding these time limits is important. Years after the decedent's passing, creditors generally cannot come forward with new claims. The four-month pause and the nonclaim statute together create a clear framework for when the estate can move forward with distributions.