AB 300: Notaries public: notification of death: delivery of notarial records and papers.

Existing law requires a notary public to keep an active, sequential journal of all official acts performed as a notary public and specifies the information required to be included in the journal. Existing law requires a notary public to provide and keep an official seal to be used only in carrying out their duties and responsibilities as a notary public. Existing law requires a notary public or their representative to deface or destroy the seal upon termination, resignation, or revocation of the notarys commission.

Existing law requires that if a notary public resigns, is disqualified, removed from office, or allows their appointment to expire, as provided, the person is required, within 30 days, to deliver all notarial records and papers to the county clerk of the county where the notary publics official oath of office is on file.

Existing law, in the case of the death of a notary public, requires the decedents personal representative to notify the Secretary of State of the death and to deliver all notarial records and papers of the deceased to the clerk of the county in which the notary publics official oath of office is on file.

This bill would require a notary public to designate a personal representative, to file the designation with the county clerk and with the Secretary of State, and to include the name and contact information of the personal representative in their sequential journals, as specified. The bill would require the notary public to inform their personal representative of their duties as personal representative and of the location of the notary publics official seal, sequential journals, and any other records and papers relating to the notary publics notarial acts. The bill would require the personal representative to use that information only for the purpose of complying with those duties.

The bill would require the personal representative, the decedents successor in interest, as defined, or the person who is in actual or constructive possession of the deceased notary publics notarial records and papers, to notify the Secretary of State of the death of the notary public, and to deliver all notarial records and papers of the deceased to the clerk of the county in which the notary publics official oath of office is on file. The bill would also require a personal representative to deface or destroy the notary publics official seal upon the death of the notary public.