MILLER, Judge.
¶ 1 Claimants Mutual Pharmaceutical, Inc. and United Research Laboratories, Inc. (Mutual Parties) appeal the probate court's judgment confirming disallowance of their creditors' claim against the estate of Sanford M. Bolton (Estate). We conclude the court erred when it ruled that a claimant who presents a claim to a decedent's estate notifying it of an action against the decedent that was pending before his death, must commence additional proceedings if the personal representative disallows the claim.
¶ 2 The relevant facts in this case are undisputed. In May 2011, Mutual Parties sued Bolton and two other parties in Pennsylvania state court. The complaint alleged Bolton, a professor at St. John's University in New York, assisted by a graduate student, developed a technology for converting liquid drugs to a powder form. The complaint further alleged that Bolton and the student left the university, formed a company, and fraudulently assigned to Mutual Parties patent rights that actually belonged to St. John's University.
¶ 3 Bolton died in Pima County on October 11, 2011, and the next day his Pennsylvania defense attorney filed a notice of death. On November 29, 2011, Eric Goldman filed an application for informal probate in Pima County and requested that he be appointed personal representative of the Estate, which the probate court approved the next day. On December 20, 2011, Mutual Parties filed a praecipe in the Pennsylvania court to substitute Goldman as successor-in-interest to Bolton. Mutual Parties also presented a Notice of Claim to Goldman on January 17, 2012. The next day, the Pennsylvania court ordered Goldman substituted as successor-in-interest to Bolton.
¶ 4 On January 26, 2012, the Estate disallowed the probate claim. The Estate acknowledged the Pennsylvania case and stated the action had yet to be adjudicated. It explained the disallowance on the ground that "[p]ursuant to A.R.S. § 14-3804(2) no presentation of claim was required for the Claim." Mutual Parties did not institute new proceedings in another court or move for probate allowance. More than seven months later, the Estate filed a motion to confirm disallowance of claim, which the probate court granted over Mutual Parties' objection on December 7, 2012. The probate court entered judgment on January 11, 2013, and this timely appeal followed.
¶ 5 We are required to decide whether a claimant with a pending lawsuit for damages against the decedent at the time of his death, who sends a notice of claim to the personal representative that is disallowed, must within
¶ 6 We review questions of statutory interpretation de novo. North Valley Emergency Specialists, L.L.C. v. Santana, 208 Ariz. 301, ¶ 8, 93 P.3d 501, 503 (2004). To determine a statute's meaning, we first examine the language of the statute, PNC Bank v. Cabinetry By Karman, Inc., 230 Ariz. 363, ¶ 6, 284 P.3d 874, 876 (App.2012), and construe the words and phrases "according to the common and approved use of the language," A.R.S. § 1-213. "If a statute's language is clear, it is `the best indicator of the authors' intent and as a matter of judicial restraint we must apply it without resorting to other methods of statutory interpretation, unless application of the plain meaning would lead to impossible or absurd results.'" Metzler v. BCI Coca-Cola Bottling Co. of Los Angeles, Inc., 233 Ariz. 133, ¶ 8, 310 P.3d 9, 12 (App.2013), quoting Winterbottom v. Ronan, 227 Ariz. 364, ¶ 5, 258 P.3d 182, 183 (App.2011).
¶ 7 In order to understand the interplay among the subsections of A.R.S. § 14-3804,
¶ 9 As claimants with a lawsuit pending against Bolton and upon substitution of the personal representative, Mutual Parties were not required to present a claim. § 14-3804(2). Nonetheless, Mutual Parties mailed written notice of a claim to the personal representative pursuant to § 14-3804(1). The written claim reserved rights under the exception found in § 14-3804(2) for pending proceedings. It advised the personal representative, "Claimants deem it prudent to present the Claim, thereby notifying the Personal Representative of its existence and the need for it to be administered." The Estate's disallowance only stated the undisputed principle that § 14-3804(2) does not require presentation of a claim.
¶ 10 Mutual Parties argue that the trial court improperly barred their claim for failing to initiate other proceedings, despite the plain language in subsection (2) that "[n]o presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of his death." Equally important, they contend nothing in § 14-3804 requires the claimant to file a duplicative lawsuit or initiate probate allowance procedures if a complementary claim notification is filed. We agree with this plain reading of § 14-3804.
¶ 11 Although the Estate acknowledges and had previously asserted this reading of § 14-3804(2), after Mutual Parties did not initiate additional proceedings, it argued below and on appeal that the subsection had no force or effect because a written claim statement was presented. Additionally, it impliedly contends that the Pennsylvania lawsuit filed before the decedent died is a legal nullity because any resulting judgment would have been supplanted by a probate claim allowance proceeding or a second lawsuit. Judgment was entered in favor of the Estate against Mutual Parties as to "the claims set forth more fully in the [Pennsylvania Complaint]."
¶ 12 The Estate principally relies on In re Estate of Van Der Zee, 228 Ariz. 257, 265 P.3d 439 (App.2011). In that case, the decedent's former husband claimed he was a known creditor of the estate based on a term in the dissolution decree requiring decedent to obtain a life insurance policy naming a mortgagee as the beneficiary. Id. ¶¶ 3, 10. The former husband presented a claim in the amount of the life insurance policy soon after the decedent died. Id. ¶¶ 4-5. The estate disallowed the claim on the ground that it was unclear the former husband had standing to assert a claim for the amount of the insurance policy. Id. ¶ 20. The former husband failed to commence a proceeding within sixty days and the trial court determined, among other things, that the claim was time-barred. Id. ¶¶ 7, 13. On appeal, the former husband argued the sixty-day limit did not apply; rather, he had two years to file a claim because he was not given proper written notice as a known creditor. Id. ¶ 10. The court concluded, in pertinent part, that when a claimant files a notice, § 14-3806(A) establishes a sixty-day time limit to initiate proceedings to challenge the denial of the claim. Id. ¶ 13. On its facts, however, Estate of Van Der Zee is limited to circumstances where the claimant does not have a judgment against the personal representative or a pending lawsuit against the decedent that was filed prior to his death. Id. ¶¶ 2-7, 17. It does not apply when a separate action is pending.
¶ 13 We agree with Mutual Parties that § 14-3804, when read in its entirety, shows the intent of the Probate Code to exempt claimants with pre-death lawsuits from the procedures described for claimants without
¶ 14 The Estate does not contest the Lovell court's legal conclusions about the probate code, but employs its dicta to support the alternative argument that a personal representative could also face a trap. We address that argument at ¶ 19.
¶ 15 The Montana Supreme Court also considered a similar fact pattern in Reese v. Reese, 196 Mont. 101, 637 P.2d 1183 (1981). There, a former wife filed an action against her former husband based on a breach of their divorce decree. Id. at 1184. While that action was pending, the former husband died. Id. The former wife filed a claim against the estate, but the personal representative took no action on it. Id. The estate filed a motion to dismiss the claim in the pending case on the ground that the claim had been effectively disallowed in the probate proceeding and the former wife had failed to commence another proceeding within sixty days.
¶ 16 The Estate argues in the alternative that Mutual Parties' voluntary claim requires their compliance with subsection (3). The Estate first relies on In re Estate of Schmidt, 408 Pa.Super. 353, 596 A.2d 1124 (1991). In
¶ 17 The Estate also argues from particular statutes and court rules where a party must comply with certain requirements even though the initial undertaking is voluntary. The Estate first points to Rule 56(f)(4), Ariz. R. Civ. P., which states that a moving party need not file a response in support of summary judgment, but, "[i]f such a party elects to file a response, it must be filed no later than two days before the hearing." (Emphasis added.) Unlike the statute here, that rule's plain language imposes a deadline when a party voluntarily elects to do something that is not required.
¶ 18 The Estate next relies on A.R.S. § 42-5002(A)(1), which states: "A person who imposes an added charge to cover the [transaction privilege tax] ... shall not remit less than the amount so collected to the [Arizona Department of Revenue]." See also Ariz. Dept. of Revenue v. Action Marine, Inc., 218 Ariz. 141, ¶ 8, 181 P.3d 188, 189 (2008) (noting taxpayers are not required to collect transaction privilege tax from customers). In both instances, the plain language clearly applies the requirements to those who have voluntarily chosen to do something. There is no such language here, where the presentation of claims statute simply says it is not "required" when a case is pending and imposes no express requirements when a party voluntarily presents a claim. § 14-3804(2).
¶ 19 Finally, the Estate argues that a claimant with a pending lawsuit should not be permitted to present a claim based on that action because it places an unfair burden on personal representatives if they fail to disallow the claim. Even assuming this to be true,
¶ 20 We conclude the plain language of § 14-3804(2) provides that a claimant with a pending claim in another court need not present a claim pursuant to § 14-3804(1),
¶ 21 We reverse the judgment against Mutual Parties and remand for proceedings consistent with this decision.
Presiding Judge VÁSQUEZ and Chief Judge HOWARD concurred.