OAR 160-100-0340: Disposition of Notarial Records Upon Termination of Commission Due to Death or Incompetency

(1) After the termination of a notary public's commission as a result of death, or the adjudication of incompetency, the notary public’s personal representative, guardian, conservator, or trustee shall file the notary public's notarial records with the Secretary of State, unless the notary public entered into a written agreement with his/her employer pursuant to OAR 160-100-0360. (2) The personal representative, guardian, conservator, or trustee may file a statement with the Secretary of State. The statement may include: (a) The name of the notary public; (b) The notary public's commission number; (c) The notary public's commission expiration date; (d) The cause of termination of the notary public's commission, i.e., the notary public is deceased; (e) The notary public's date of death. (3) At the same time that the notary public’s personal representative, guardian, conservator, or trustee files such record and statement with the Secretary of State, the notary public’s personal representative, guardian, conservator, or trustee shall render the notary public’s official stamping device unusable by destroying, defacing, damaging, erasing the device or securing it against use. (4) The Secretary of State shall store such records for a period of ten years after the date of the last act chronicled in the journal. After the ten-year period, the Secretary of State may destroy such records.