Unless an estate is insolvent the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. The running of any statute of limitations measured from some other event than death and advertisement for claims against a decedent is suspended during the four months following the decedent's death but resumes thereafter as to claims not barred pursuant to the sections which follow. For purposes of any statute of limitations, the proper presentation of a claim under section 14-3804 is equivalent to commencement of a proceeding on the claim.
Notes of Decisions
Cited in
6
cases, 1980–2004 · leading case:
Pargman v. Vickers, 96 P.3d 571 (Ariz. Ct. App. 2004).
Pargman v. Vickers, 96 P.3d 571 (Ariz. Ct. App. 2004).
· cites it 4× “Under A.R.S. § 14-3802 (2003), the limitations period was suspended during the four months following Vickers’ death and so was extended by that period of time.”
Stewart v. Travers, 965 P.2d 67 (Ariz. Ct. App. 1998).
· cites it 5× “”) section 14-3802 to extend the time for filing.”
Matter of Est. of Chase, 609 P.2d 85 (Ariz. Ct. App. 1980).
· cites it 9× “§ 14-3802 refers to claims against a decedent's estate and provides in part as follows: The running of any statute of limitations measured from some other event than death and advertisement for claims against a decedent is suspended during the four months following the…”
Academy Life Ins. v. Odiorne, 797 P.2d 727 (Ariz. Ct. App. 1990).
· cites it 2× “" A.R.S. § 14-3802 (Supp.1989). "All claims against a decedent’s estate which arose before the death of the decedent, .”
Chase v. White, 609 P.2d 85 (Ariz. Ct. App. 1980).
· cites it 9× “§ 14-3802 refers to claims against a decedent’s estate and provides in part as follows: The running of any statute of limitations measured from some other event than death and advertisement for claims against a decedent is suspended during the four months following the…”
Nuppenau v. Meyer, 774 P.2d 839 (Ariz. Ct. App. 1989).
· cites it 6× “§ 14-3936, A.R.S. § 14-3802 defines “commencement of a claim”: the proper presentation of a claim under § 14-3804 is equivalent to commencement of a proceeding on the claim.”
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