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    A.R.S. § 12-543

    Arizona's Three-Year Deadline for Oral Contracts and Open Accounts

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

    Arizona gives three years to bring claims on oral contracts, open accounts, and certain other obligations. The three-year deadline is the default for contract claims not based on a written instrument and surfaces often in probate when family loans and informal agreements come to light.

    Title 12, LIMITATIONS OF ACTIONS

    azleg.gov

    What This Statute Says

    Many Arizona obligations are not written down. Family loans, handshake agreements, and informal accounts all fall into this section's three-year deadline. The statute also covers stated or open accounts other than mutual current accounts between merchants.

    There shall be commenced and prosecuted within three years after the cause of action accrues, and not afterward, the following actions:

    A.R.S. § 12-543

    When This Statute Comes Into Play

    Estate scenarios:

    • An estate must decide whether to pay back an old undocumented loan to a relative.
    • A creditor sues an estate on an open account that has aged.
    • A family member asserts a claim based on an oral agreement that was never reduced to writing.

    What This Means for Arizona Families

    Family loans are everywhere in Arizona estate administration. A parent lends a child money for a down payment. A sibling fronts cash for a business that never quite works out. When the lender dies, the unfinished loan becomes an estate question. This section sets the deadline for enforcing it, but only if it cannot be proven up as a written contract.

    If you serve as a personal representative and an oral loan surfaces, look first at whether it is documented in any way. Even a casual text message or a contemporaneous email can convert the claim into a six-year written contract under A.R.S. 12-548. Our FAQ on whether a spouse is responsible for the decedent's debts covers the broader question of who owes the money. An Arizona probate attorney can sort the timing and identify whether the three-year or six-year period applies. The personal representative who pays a stale oral claim without evaluating the deadline risks personal exposure to the beneficiaries.

    There shall be commenced and prosecuted within three years after the cause of action accrues, and not afterward, the following actions: 1. For debt where the indebtedness is not evidenced by a contract in writing. 2. Upon stated or open accounts other than such mutual and current accounts as concern the trade of merchandise between merchant and merchant, their factors or agents, but no item of a stated or open account shall be barred so long as any item thereof has been incurred within three years immediately prior to the bringing of an action thereon. 3. For relief on the ground of fraud or mistake, which cause of action shall not be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

    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.

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