Arizona Revised Statutes

Ariz. Rev. Stat. § 12-590 (2026)

Effect of death on periodic installments

✓ current as of May 2026

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A. The liability for payment of periodic installments for costs of health care not yet due at the death of the person entitled to receive the benefits terminates on the death of the person. Liability for payment of any other installments or portions of installments not yet due at the death of the person entitled to receive them terminates, except as provided in subsections B and C.

B. If, in an action for wrongful death, a judgment for periodic installments provides payments to more than one person and one or more but fewer than all of them die, the surviving beneficiaries are entitled to shares proportionate to their shares in the periodic installments not yet paid to the deceased beneficiary or beneficiaries. The surviving beneficiaries are not entitled to receive payments beyond the periods specified for such beneficiaries in the judgment.

C. If, in an action other than for wrongful death, a judgment for periodic installments is entered and a person entitled to receive benefits for economic losses other than for costs of health care under the judgment dies, any periodic installments not yet due at the person's death shall be paid to a beneficiary designated in writing by the deceased or, in the absence of such a designation, to the estate of the deceased.

Notes of Decisions

Cited in 3 cases, 1992–1998 · leading case: Smith v. Myers, 887 P.2d 541 (Ariz. 1994).

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Smith v. Myers, 887 P.2d 541 (Ariz. 1994). · cites it 4× “See A.R.S. § 12-590. Similarly, when a beneficiary in a wrongful death case dies, his or her portion of the award goes to the other beneficiaries.”

Larsen v. Nissan Motor Corp. in U.S.A., 978 P.2d 119 (Ariz. Ct. App. 1998). “Under another statute, § 12-590, future payments on the judgment could cease if the medical malpractice victim were to die earlier than the jury predicted.”

Smith v. Superior Court, 831 P.2d 1279 (Ariz. Ct. App. 1992). · cites it 3× “§ 12-590. Effect of death on periodic installments A.”

— Ariz. Rev. Stat. § 12-590(B) — 2 cases

Smith v. Myers, 887 P.2d 541 (Ariz. 1994). “See A.R.S. § 12-590. Similarly, when a beneficiary in a wrongful death case dies, his or her portion of the award goes to the other beneficiaries.”

Smith v. Superior Court, 831 P.2d 1279 (Ariz. Ct. App. 1992). “§ 12-590. Effect of death on periodic installments A.”

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