What This Statute Says
Arizona puts deadlines on most lawsuits. A creditor or family member who waits too long usually loses the right to sue. This statute creates a fairness exception: the clock pauses when the defendant is not in Arizona.
When a person against whom there is a cause of action is without the state at the time the cause of action accrues or at any time during which the action might have been maintained, such action may be brought against the person after his return to the state. The time of such person's absence shall not be counted or taken as a part of the time limited by the provisions of this chapter.
A.R.S. § 12-501The time someone spends out of Arizona does not count toward the deadline. If a person leaves for three years and comes back, the clock pauses for those three years.
When This Statute Comes Into Play
Estate disputes can stretch on for years. A few common scenarios where 12-501 matters:
- A personal representative moves out of state before finishing the probate and beneficiaries later discover unpaid claims.
- A relative who held a power of attorney during a parent's final years moves away, and the family discovers questionable transactions only after the parent dies.
- A debtor of the estate leaves Arizona before the personal representative can collect on the obligation.
In each case, the absence of the defendant from Arizona extends the time the estate has to sue. The estate is not punished for the defendant's choice to leave.
What This Means for Arizona Families
Many Arizona families assume that once a probate is closed or a few years have passed, the door is shut on stale claims. This statute keeps the door open in one important situation: when the person responsible has spent significant time outside Arizona.
If you are administering an estate and you discover a possible claim against someone who has moved out of state, do not assume the deadline has passed. The time they spent away may have paused the clock. A short consultation with an Arizona probate attorney can help you confirm whether a claim is still alive.
This also matters in reverse. If you have moved out of Arizona and someone is trying to sue you over an old Arizona obligation, you may not be able to rely on the basic statute of limitations. See our FAQ on probate timelines in Arizona for related context. Arizona law treats your absence as a pause, not as a free pass. Working with a probate attorney early lets you understand exactly how the clock runs in your situation before assumptions about the deadline lead to surprises.