The Two-Year Outer Limit for Pre-Death Claims
All claims against the estate that arose before the decedent's death are subject to a hard outer deadline. If a creditor does not file a claim within two years of the date of death (plus any time remaining from the creditor notice period), the claim is permanently barred. This applies to every type of debt, including credit card balances, personal loans, and other obligations.
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 throughout the probate process. 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 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. Compensation for the personal representative, their probate attorney, and their accountant is always collectible regardless of these deadlines.
For families, knowing these deadlines matters. Creditors who fail to file a claim within 60 days of receiving direct notice, or within the published notice period, lose their right to collect. This gives the personal representative a clear framework for settling the estate.