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A.R.S. § 14-3803

Arizona's Nonclaim Statute: Deadlines for Creditors to File Against an Estate

Verified April 4, 2026 • 57th Legislature, 1st Regular Session

Arizona imposes strict deadlines on creditors seeking to collect from a deceased person's estate. Claims that existed before death must generally be presented within two years of death or within the notice period set by the personal representative, whichever comes first. Claims that arise after death have their own separate deadlines.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

The Two-Year Outer Limit for Pre-Death Claims

All claims that arose before the decedent's death, whether based on contract, personal injury, or any other legal basis, are subject to a hard outer deadline. If a creditor does not present the claim within two years of the date of death (plus any remaining time from the creditor notice period), the claim is permanently barred.

All claims against a decedent's estate that arose before the death of the decedent, including claims of the state and any of its political subdivisions, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, if not barred earlier by any other statute of limitations or nonclaim statute, are barred against the estate, the personal representative and the heirs and devisees of the decedent, unless presented within the earlier of either...

A.R.S. § 14-3803(A)

This nonclaim statute applies broadly. It covers government claims, disputed amounts, future debts that had not yet come due, and contingent obligations. No category of pre-death claim is exempt from the deadline.

Post-Death Claims and Important Exceptions

Claims that arise after death follow different rules. A claim based on a contract with the personal representative must be presented within four months after the personal representative's performance is due. Other post-death claims must be presented within four months of arising or within the general two-year window, whichever is later.

The statute also carves out important exceptions. Mortgage enforcement and lien proceedings are not affected. Liability insurance claims can proceed to the extent of coverage. And compensation for the personal representative, their attorney, and their accountant is always collectible regardless of these deadlines.

14-3803. Limitations on presentation of claims A. All claims against a decedent's estate that arose before the death of the decedent, including claims of the state and any of its political subdivisions, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, if not barred earlier by any other statute of limitations or nonclaim statute, are barred against the estate, the personal representative and the heirs and devisees of the decedent, unless presented within the earlier of either: 1. Two years after the decedent's death plus the time remaining in the period commenced by an actual or published notice pursuant to section 14-3801, subsection A or B. 2. The time prescribed by section 14-3801, subsection B for creditors who are given actual notice and within the time prescribed in section 14-3801, subsection A for all creditors barred by publication. B. A claim that is described in subsection A of this section and that is barred by the nonclaim statute of the decedent's domicile before the giving of notice to creditors in this state is barred in this state. C. All claims against a decedent's estate that arise at or after the death of the decedent, including claims of the state and any political subdivision, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort or other legal basis, are barred against the estate, the personal representative and the heirs and devisees of the decedent, unless presented as either of the following: 1. A claim based on a contract with the personal representative, within four months after performance by the personal representative is due. 2. Any other claim, within the later of four months after it arises or the time specified in subsection A, paragraph 1 of this section. D. This section does not affect or prevent any of the following: 1. Any proceeding to enforce any mortgage, pledge or other lien upon property of the estate. 2. To the limits of the insurance protection only, any proceeding to establish liability of the decedent or the personal representative for which he is protected by liability insurance. 3. Collection of compensation for services rendered and reimbursement for expenses advanced by the personal representative or by the attorney or accountant for the personal representative or the estate.
View on azleg.gov

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

Related Questions

What is probate, and how long does it take in Arizona?

Probate is a court-supervised process that validates a will, pays debts, and distributes assets. In Arizona, it typically takes 8 to 12 months and costs $10,000 to $15,000 in fees.

Is there a deadline to file probate in Arizona?

Yes. A.R.S. 14-3108 sets a two-year deadline. Filing within two years gives the personal representative full powers. After two years, they can only confirm title to heirs and cannot possess assets or handle creditor claims.

Related Statutes

§ 14-3101How Property Passes at Death Under Arizona Probate Law
§ 14-3102Why a Will Must Be Probated to Transfer Property in Arizona
§ 14-3103Why a Personal Representative Must Be Appointed in Arizona Probate
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