Arizona Revised Statutes

Ariz. Rev. Stat. § 14-3935 (2026)

Limitations on proceedings against personal representative

✓ current as of May 2026
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Unless previously barred by adjudication and except as provided in the closing statement, the rights of successors and of creditors whose claims against the personal representative for breach of fiduciary duty have not otherwise been barred are barred unless a proceeding to assert the same is commenced within six months after the filing of the closing statement. The rights thus barred do not include rights to recover from a personal representative for fraud, misrepresentation or inadequate disclosure related to the settlement of the decedent's estate.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1993–2026 · leading case: Ader v. Est. of Felger, 375 P.3d 97 (Ariz. Ct. App. 2016).
Ader v. Est. of Felger, 375 P.3d 97 (Ariz. Ct. App. 2016). · cites it 2× “if he is personally at fault.” A.R.S. § 14-3808(B). Heirs or devisees of a decedent can also be liable, for example, for improper distributions.”
Tovrea v. Nolan, 875 P.2d 144 (Ariz. Ct. App. 1993). · cites it 6× “On April 5, 1990, the trial court granted appellees’ motion for summary judgment, finding that since appellants’ complaint alleged breach of fiduciary duties, but not “fraud, misrepresentation, or fraudulent failure to adequately disclose,” their claims were barred by AR.S. §…”
Gordon v. Est. of Brooks, 397 P.3d 1040 (Ariz. Ct. App. 2017). · cites it 17× “” A.R.S. § 14-3608 (2012). Here, Gordon purchased the home before Sanborne and Maza filed the closing statements.”
Claxton v. Brooks (Ariz. Ct. App. 2026). · cites it 5× “In July 2025, well beyond the six- month limitations period for asserting claims against a personal representative for breach of fiduciary duty, see A.R.S. § 14-3935, Claxton moved to reopen the probate.”
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