Arizona Laws 14-3936. Limitations on actions and proceedings against distributees
A. Unless previously adjudicated in a formal testacy proceeding or in a proceeding settling the accounts of a personal representative or otherwise barred, the claim of a claimant, other than a creditor of the decedent, to recover from a distributee who is liable to pay the claim, and the right of an heir or devisee or of a successor personal representative acting in an heir’s or devisee’s behalf, to recover property improperly distributed or its value from any distributee is forever barred at the later of three years after the decedent’s death or one year after the time of distribution.
Terms Used In Arizona Laws 14-3936
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Decedent: A deceased person.
- Devisee: means a person designated in a will to receive a devise. See Arizona Laws 14-1201
- Distributee: means any person who has received property of a decedent from that person's personal representative other than as a creditor or purchaser. See Arizona Laws 14-1201
- Fraud: Intentional deception resulting in injury to another.
- Personal representative: includes an executor, an administrator, a successor personal representative, a special administrator and persons who perform substantially the same function under the law governing their status. See Arizona Laws 14-1201
- Proceeding: includes action at law and suit in equity. See Arizona Laws 14-1201
- Property: includes both real and personal property. See Arizona Laws 1-215
- Successor personal representative: means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. See Arizona Laws 14-1201
B. All claims of the decedent’s creditors against distributees are barred after the limitations period for the presentation of claims of the decedent’s creditors pursuant to section 14-3803.
C. This section does not bar an action to recover property or value received as the result of fraud.