What This Statute Says
This is the workhorse Arizona limitations statute. Personal injury, medical malpractice, wrongful death, conversion of personal property, trespass to land, fraud, and several other common claims all run for two years from accrual.
Except as provided in section 12-551 there shall be commenced and prosecuted within two years after the cause of action accrues, and not afterward, the following actions:
A.R.S. § 12-542When This Statute Comes Into Play
Estate-related scenarios:
- A wrongful death claim is pursued by a personal representative on behalf of the decedent's family.
- A family member discovers that personal property was converted before or after death.
- A fraud claim is asserted against a fiduciary for misrepresenting estate assets.
The product liability exception in A.R.S. 12-551 incorporates this section but adds a twelve-year statute of repose.
What This Means for Arizona Families
Two years is the most important deadline in most Arizona civil cases. It is also the easiest to miss, because two years feels like plenty of time until it suddenly is not. Personal representatives, trustees, and beneficiaries should track the two-year clock from the moment an injury, conversion, or fraud comes to light.
If a loved one died because of someone else's conduct, the personal representative can usually bring the wrongful death claim. The clock typically runs from the date of death. Our FAQ on starting probate after death in Arizona covers the related practical steps. For conversion or fraud claims, the discovery rule under Arizona case law often controls accrual, but waiting too long invites a fight about when the family reasonably should have known. An Arizona probate attorney can evaluate the timeline and identify whether fiduciary duty claims with potentially longer deadlines also apply. Pairing the tort claim with any breach of fiduciary duty theory often produces the strongest path to recovery.