Notary Resignation and Death

Colorado Notary LawNotary Resignation and Death

Colorado notary law CRS 12-55-115 defines the procedure for dealing with notary resignation and death.

If a notary chooses to resign, or no longer has a business or residence address in Colorado, the notary must send or deliver a letter of notary resignation to the Secretary of State (SOS), along with his/her notary journal, notary stamp, and all other papers of notarial acts.

Note: when a notary dies or resigns, it is a good idea to make a copy of the notary journal before delivering it to the SOS.  In case there is a legal dispute or inquiry, the copy of the journal may be needed as evidence.

Notary employees must not leave the notary journal and stamp with an employer, even if the employer paid for those items.  The journal and stamp must remain in the secure possession of the notary, until they are delivered to the SOS.

Death of Notary

When a notary dies, soon after the death, the heirs or personal representative of the notary must send or deliver the deceased notary’s journal, notary stamp and any other papers of the notary to the SOS.

If a notary’s commission has expired, there is no requirement that the notary must resign.  However, a notary with an expired commission may not perform notarial acts, until he/she re-applies and is re-appointed to become a notary again, including completing the required notary training and notary exam.

Notary Errors and Omissions (E&O) Insurance

It is wise for a notary to carry notary errors and omissions (E&O) insurance.  When a notary resigns, notary insurance should not be immediately cancelled.  Lawsuits against notaries for errors and omissions often occur months or years after a document is notarized.  Notary E&O insurance is not expensive.  It should be maintained for several years after the notary resigns, to continue to provide protection.  Contact your notary insurance agent to get advice on how long to maintain your insurance after you resign as a notary.

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