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A.R.S. § 14-3804

How Creditors Present Claims Against an Arizona Estate

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

Arizona gives creditors two ways to present a claim against an estate: send a written statement to the personal representative, or file a lawsuit. Each method has specific requirements and deadlines. If the personal representative rejects a claim, the creditor has sixty days to take legal action.

Title 14, PROBATE OF WILLS AND ADMINISTRATION

azleg.gov

Written Claims to the Personal Representative

The most common method is straightforward. A creditor sends the personal representative a written statement that includes the basis for the claim, the claimant's name and address, and the amount owed. The claim is considered presented when the personal representative receives it.

The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant and the amount claimed.

A.R.S. § 14-3804(1)

If the claim is not yet due, the creditor should state when it will become due. Contingent or unliquidated claims require a description of the uncertainty. Secured claims should describe the security. However, the statute is forgiving: minor errors in describing these details do not invalidate the claim itself.

Filing a Lawsuit as an Alternative

Instead of sending a written claim, a creditor may file a lawsuit against the personal representative in any court with jurisdiction. The lawsuit must be started within the same time limits that apply to written claims. Claims that were already pending against the decedent at the time of death do not require a separate presentation.

If a creditor submits a written claim and the personal representative disallows it, the creditor has sixty days after the personal representative mails a notice of disallowance to file suit. For claims that are not yet due, contingent, or unliquidated, the personal representative may agree to extend this deadline. A court can also grant an extension to prevent injustice, though no extension can run past the applicable statute of limitations.

14-3804. Manner of presentation of claims Claims against a decedent's estate may be presented as follows: 1. The claimant may deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant and the amount claimed. The claim is deemed presented on receipt of the written statement of claim by the personal representative. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made. 2. The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction, to obtain payment of his claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of his death. 3. If a claim is presented under paragraph 1, no proceeding thereon may be commenced more than sixty days after the personal representative has mailed a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the sixty day period, or to avoid injustice the court, on petition, may order an extension of the sixty day period, except no extension may run beyond the applicable statute of limitations.
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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