Trust Notary Question

[Confused Citizen]

We are in different places in Colorado and need to get a trust notarized. Can we get it notarized and then mail it to the trustee to get it notarized or should we schedule notary appointments at the same time? We had a lawyer draft the trust, but he's having some major health problems so we'd rather not bother him about this.

 

[LdiJ]

We are in different places in Colorado and need to get a trust notarized. Can we get it notarized and then mail it to the trustee to get it notarized or should we schedule notary appointments at the same time? We had a lawyer draft the trust, but he's having some major health problems so we'd rather not bother him about this.

A notary has to witness you signing the document. Therefore, if you are in different places you will need to use a different notary for each person signing, OR, you need to all get together in the same place to use one notary.

 

[Confused Citizen]

A notary has to witness you signing the document. Therefore, if you are in different places you will need to use a different notary for each person signing, OR, you need to all get together in the same place to use one notary.

To clarify, if we each use a distinct notary at around the same time we'll end up with two copies each with one of the required signatures. Is that ok?

 

[Zigner]

A simple option is that one signer can get it notarized, then send the document to the other signer, who can then get their signature notarized.

 

[Confused Citizen]

Thanks. I thought of that, but wasn't sure about it.

 

[zddoodah]

We are in different places in Colorado and need to get a trust notarized.

Who exactly are "we"? Are you the settlor/trustor? What about the other person(s) who are part of "we"? A trust is an inchoate concept that can't be notarized. Did you mean the trust agreement or some other document relating to the trust?

Can we get it notarized and then mail it to the trustee to get it notarized or should we schedule notary appointments at the same time?

I've never heard of any state requiring that the settlor(s) and trustee(s) sign at the same time.

We had a lawyer draft the trust, but he's having some major health problems so we'd rather not bother him about this.

You're the client (I assume), and the lawyer's job is not done. Seek the lawyer's input. If his medical issues are preventing him from doing his job, he can tell you and probably suggest someone else who can give you the input you need.

if we each use a distinct notary at around the same time we'll end up with two copies each with one of the required signatures. Is that ok?

First of all, if it's truly impossible for you and the trustee to get yourself to the same place at the same time, you can sign and have your signature notarized and then send the document to the trustee who can sign and get his/her signature notarized (or vice versa). Second, does whatever document this is have a provision for counterparts (i.e., all parties don't sign the same original)? If it does, then there you go. Even if it doesn't, I'd be shocked if Colorado law prohibited it. Nevertheless, to my knowledge, no Colorado attorneys follow these boards regularly.

 

[quincy]

… my knowledge, no Colorado attorneys follow these boards regularly.

Taxing Matters is a Colorado attorney who follows these boards regularly. I will tag him.

@Taxing Matters

 

[Foamback]

Zoom notarized documents are a thing also. I just recently did one.

 

[LdiJ]

Zoom notarized documents are a thing also. I just recently did one.

I once notarized a signature for someone located in Japan. I watched her sign the document on zoom and then put in in the fax machine and send it to me. I then notarized it. I fully disclosed that to the attorney who requested the notarized document and he was fine with it. As a matter of fact, he thought it was a very viable and practical solution to the problem. He in turn fully disclosed the same information to the judge in the case and he was fine with it as well.

 

[Foamback]

They’re really smooth and close to mainstream now

 

[quincy]

Here are links to information on Colorado’s notary laws:

Notary Duties: https://www.sos.state.co.us/pubs/notary/FAQ/duties.html

Remote notarization: https://www.sos.state.co.us/pubs/notary/FAQ/remote.html

Not all notaries in Colorado can perform remote notarizing. A notary must first go through training and pass an exam and then submit an application to become a remote notary and have their application approved.

 

[zddoodah]

Zoom notarized documents are a thing also. I just recently did one.

Just FYI, remote online notary isn't accepted in every state.

 

[Foamback]

It looks like 46 states do

[link removed]

 

[quincy]

It looks like 46 states do.

That is not all states. And there are conditions that apply to remote notarization.

Additionally, many of the states that had temporary laws in place to accommodate notaries during the pandemic will see these temporary laws expire at the end of this year.

By the way, Foamback, your post was reported for moderator review. Commercial links are not permitted on this forum.

 

[LdiJ]

In some cases, the need for Notarization is not a "required by law" situation but a situation that a party or their attorney is requesting for one reason or another. In those circumstances, it doesn't necessarily matter whether or not state law allows for "remote notarization" but whether or not the requesting party considers that to be sufficient for their purpose. There are not really all that many circumstances where state law actually requires notarization of a signature. There are some, (and they vary by state) but not all that many.