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    A.R.S. § 12-545

    Four-Year Deadline to Sue on a Personal Representative or Guardian Bond

    Verified May 16, 2026 • 57th Legislature, 1st Regular Session

    If a personal representative or guardian causes financial harm, a claim against their bond must be filed within four years. The clock starts when the fiduciary's role ends through death, resignation, removal, or discharge. Missing this deadline can leave injured family members without recourse.

    Title 12, LIMITATIONS OF ACTIONS

    azleg.gov

    What This Statute Says

    Personal representatives and guardians often have to post a surety bond when they take on the role. The bond acts as insurance for beneficiaries and protected persons. If the fiduciary misuses estate funds or fails their duties, the injured parties can recover from the bond.

    This statute sets a hard four-year deadline to bring that claim.

    An action on the bond of an executor, administrator or guardian shall be commenced and prosecuted within four years after the death, resignation, removal or discharge of such executor, administrator or guardian, and not afterward.

    A.R.S. § 12-545

    Four years is a firm wall. The statute ends with "and not afterward," which courts read strictly.

    When This Statute Comes Into Play

    The clock starts on a specific event, not on the day the harm happened:

    • The fiduciary dies.
    • They resign.
    • The court removes them.
    • The court formally discharges them when the case closes.

    For an open estate, the typical trigger is the final discharge order. Once that order is entered, the four-year window starts. After it closes, the bond is no longer reachable.

    The injured party here might be a beneficiary who only later learns about missing assets. It might be the successor personal representative who picks up where a prior one left off. It might be a ward or protected person whose guardian made unauthorized transactions.

    What This Means for Arizona Families

    When something goes wrong during a probate or a guardianship, families often do not learn about it for years. A small unaccounted withdrawal here, an asset that never made it onto the inventory there. By the time the picture comes together, the clock on the bond may be running.

    If you suspect a personal representative or guardian mishandled your loved one's estate, the four-year deadline in 12-545 deserves your immediate attention. The clock is tied to the formal end of their role, not to the date the harm happened or the date you found out about it.

    Practical step: if you are receiving an inheritance after a long, contested, or confusing probate, ask the court file for the discharge date. Mark it on a calendar with the four-year deadline highlighted. Our FAQ on probate fees and timelines covers related practical points. Even if you do not see a problem today, you may want to review the final accounting before that four-year window closes. Once it shuts, the bond protection is gone.

    An action on the bond of an executor, administrator or guardian shall be commenced and prosecuted within four years after the death, resignation, removal or discharge of such executor, administrator or guardian, and not afterward.

    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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