The Future of Public Notices in Arizona

By Sierra Poore. 

Nearly half of U.S. states, not including Arizona, have begun shifting legal notice requirements away from notice by print publication toward notice by digital publication. In an effort to give notice to unknown or potential parties in certain suits, state statutes have historically mandated that notice be given through publication in a physical newspaper. While many states have modernized their laws to make way for digital publication, Arizona still requires notice through print. Allowing digital public notices in Arizona would greatly reduce the burden of high costs, long wait times, and ineffective correspondence imposed on parties by print media. 

A Brief History 

Public notices, which are formal announcements informing the general public of important governmental or legal action, existed long before newspapers as proclamations posted in public squares. This important tradition of disseminating information affecting the public evolved in 1665 when the first English court newspaper, the Oxford Gazette, later the London Gazette, began publishing official notices from the King’s Court and other English public officials. 

Later, in America, state governments similarly used newspapers to keep the people informed during colonial times. Upon the formation of the United States, Congress solidified the custom by legislating that the Secretary of State must publish all bills, orders, resolutions, and congressional votes in three newspapers available to the public.

In addition to serving an important democratic function, public notices also serve an important legal function: notifying all potential parties to a case of the case’s existence. For example, in Arizona, the personal representative of a decedent’s estate must give notice to unknown creditors that the estate is “open” by publishing notice “once a week for three successive weeks in a newspaper of general circulation in the county.” Each notice must announce the personal representative’s appointment, provide the representative’s address, and explain that all claims not presented against the estate within four months of the first published notice are barred. This kind of notice is required in a variety of cases, including the formation of a new corporation and civil suits, like termination of parental rights, in which the defendant cannot be located through a diligent search.

Alternative notice methods for those who cannot be located—informing them that they are named as a party to a lawsuit—is essential to our justice system. However, in today’s digital age, the question must be asked: is notice by print publication still the most effective way of providing notice? 

The Pros and Cons of Print Media

While preferences for print versus media consumption are widely varied, one recent study from the Pew Research Center found that 56% of U.S. adults say they often get their news from screens compared to only 7% who say the same about printed newspapers and magazines. There are certainly upsides to print media consumption: many do not have access to the internet or prefer tangible hard copies. Print media is often viewed as more trustworthy, and physical copies are less easily altered or destroyed.

Nevertheless, print media also has significant costs. The price to publish a public notice varies greatly depending on a variety of factors, including the length of the notice, the frequency of publication, and the location of the newspaper. In Arizona, individuals must meet the statutory requirements for notice by publication and cover the cost, often to the tune of hundreds of dollars—a high cost for a small chance that the notice will reach the intended audience. With these competing interests in mind, state legislatures throughout the country have started to address this important issue.

A Shift Among States

In recent years, a handful of states have chosen to evolve alongside technology by enacting legislation that moves away from print publication requirements for public notices. Today, as many as twenty states have compromised to allow the digital publication of public notices.

Soon, on March 1, 2026, New Jersey will join the growing list of states that allow digital publication in lieu of print by permitting public agencies to post public notices on their official websites and non-public entities to publish notices in qualifying digital publications. This revolutionary shift is expected to mitigate long wait times, high costs, and outmoded communication posed by print media. 

Notably, forty-five states have already created digital repositories separate from governmental institutions that preserve public notices published in newspapers. In Arizona, this service is provided free of charge by Arizona Media Association, which receives all uploaded public notices from newspapers across Arizona. The availability and affordability of modern technology to compile legal notices from throughout the state in one centralized location places a great onus on Arizona lawmakers to rethink current notice by publication requirements. Effective and affordable alternatives to traditional notice via publication can be accomplished by amending current procedure to allow for digital publication of public notices.

Next Steps for Arizona

Arizona should join the ranks of states fostering a more practical and economical legal system by allowing digital publication of notices. To bring about this advantageous change, lawmakers must evolve the statutory requirements of notice by publication along with the times.