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    A.R.S. § 12-528

    Pausing Arizona Real Property Deadlines for Minors and Protected Adults

    Verified May 17, 2026 • 57th Legislature, 1st Regular Session

    Arizona pauses the real property limitations periods for owners who are minors or of unsound mind when the adverse possession begins. The clock does not run while the owner is unable to act. This protects children and protected adults from losing land claims because they could not defend themselves.

    Title 12, LIMITATIONS OF ACTIONS

    azleg.gov

    What This Statute Says

    This section is the real property counterpart to A.R.S. 12-502. When the person whose property is being adversely possessed is a minor or of unsound mind at the time the possession commences, the limitations clock pauses until the disability ends.

    A. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first descends under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the time limited for bringing such action or making such defense. Such person shall have the same time, after the removal of the disability, which is allowed to others.

    A.R.S. § 12-528

    When This Statute Comes Into Play

    This protection comes into play when:

    • A minor inherits a fractional interest in land while another family member occupies it.
    • An adult with severe cognitive decline owns property someone else has been using openly for years.
    • A protected person's conservator is just learning of a long-standing encroachment.

    What This Means for Arizona Families

    Children and protected adults cannot defend their own property rights. Arizona's tolling rule for real property ensures the calendar does not run while they are legally unable to act. That matters most in estate situations where a child or vulnerable adult inherits a share of land that someone else has been controlling.

    If you serve as a conservator or guardian for a person who owns real property in Arizona, do not assume long-standing arrangements are unchallengeable. The protected person's clock may have been paused for years. Our FAQ on guardianship and conservatorship proceedings in Arizona covers the broader duties of these fiduciaries. An Arizona probate or real estate attorney can help you decide whether to bring an action under 12-525, 12-526, or another adverse possession statute now that someone is empowered to act on the protected person's behalf. Acting promptly after taking the role preserves options that would otherwise vanish over time.

    A. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first descends under eighteen years of age or of unsound mind, the period of such disability shall not be deemed a portion of the time limited for bringing such action or making such defense. Such person shall have the same time, after the removal of the disability, which is allowed to others. B. If a person entitled to commence an action for recovery of real property, or to make any defense founded on the title to real property, is at the time the adverse possession commences or the title first descends imprisoned, the period of such disability shall exist only until such imprisoned person discovers the right to bring the action or make the defense or with the exercise of reasonable diligence should have discovered the right to bring the action or make the defense, whichever occurs first, and such person shall have the same time after the disability ceases to exist which is allowed to others.
    View on azleg.gov

    This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

    Related Questions

    How do guardianship and conservatorship proceedings work in Arizona?

    Both require filing with the Arizona Superior Court, medical evidence of incapacity, and a judge's approval at a court hearing. The process takes months and costs thousands. Powers of attorney accomplish the same goals without court involvement.

    What happens if I become incapacitated without a power of attorney in Arizona?

    Without a power of attorney in Arizona, your family must petition for a conservatorship. A judge decides who manages your money, and the process costs thousands in legal fees with ongoing court oversight.

    Which of my assets will have to go through probate in Arizona, and which ones skip it?

    Assets titled solely in your name without a beneficiary designation must go through probate. Trust assets, jointly held property, beneficiary deeds, POD/TOD accounts, life insurance, and retirement accounts with named beneficiaries all skip probate.

    Related Services

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    When a loved one can no longer manage their own affairs due to incapacity, guardianship and conservatorship provide a legal framework for their care and financial protection.

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