Copper Wren Law

A Legal MinutePrivacy & public records

Why Probate Notices Still Go in Newspapers

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The short answer

Arizona's probate notice requirements still call for certain notices to be published in a newspaper and for notice to be sent by certified mail. These older methods can cause problems, because many people now rely on email and text and often do not pick up their mail.

From the full episode Privacy in Arizona Probate: What Becomes Public (17:49).

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Transcript

I've definitely had that conversation with myself of why are we still doing this? Who even reads the newspaper anymore? Genuinely, we get most of our stuff from online content. Newspapers are not what they used to be.

The other part of that requirement, I think, is a little antiquated, is you have to send notice via certified mail. And a lot of the times, people will not pick up their mail, because we rely on our email, we rely on our text, we rely on, you know, and so people aren't looking in the actual mailbox. But that is part of our statute here for notifications requirement. That's how we send everything out. When we do the accounting, the inventory, it goes by mail.

So yes, I think it is antiquated. Do I necessarily think we should replace it with email? No, I don't think we should. I think it'd be a nice backup if we can't get an address, somebody won't accept service, like, "Hey, can we at least send this to them by email and they can, you know, sign something that says I got it electronically." There's some different stuff there, but as it stands now, this is just kind of what we have to roll with.

But yes, it is funny that we have to. I have a company where I send them the notice and they publish it in the local newspaper in every county in Arizona. I send them, "Hey, it's Mohave County, it's Maricopa County. Here you go." And they go, "Okay." And they format it and get it sent off. But yes, it is funny to tell people that we still have to do that.

Information on this website is general in nature and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Past results and client experiences do not guarantee a similar outcome.

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Information on this website is general in nature and is not legal advice. Viewing this website or contacting the firm does not create an attorney-client relationship. Past results and client experiences do not guarantee a similar outcome.