As a notary public, your business revolves around trust, professionalism, and the proper handling of sensitive information. But have you ever considered what would happen to your notary business if you were no longer around? Creating a death plan for your business and tools isn’t just about safeguarding your legacy—it’s about protecting your clients, fulfilling legal obligations, and ensuring a smooth transition for those left behind.

What is a Notary Death Plan?

A notary death plan is a set of instructions and provisions designed to manage your notary business, tools, and responsibilities in the event of your death. This plan helps:

• Ensure compliance with state laws.
• Protect confidential information.
• Provide clear guidance to your family, colleagues, or executor.
• Prevent unauthorized use of your notarial tools and records.

Key Components of a Notary Death Plan

1. Secure Your Notary Tools:
   • Notary Seal/Stamp: In most states, it is illegal for anyone else to use your notary seal. Your death plan should include instructions to destroy your seal or return it to the issuing authority.
   • Journal: Provide guidance on how to store, transfer, or dispose of your notary journal. Many states require journals to be retained for a specific number of years.
   • Electronic Notary Tools: If you’re a remote online notary, include instructions for deactivating your digital certificate and revoking access to any RON platforms.
2. Assign a Responsible Party: Designate someone you trust to handle your notary affairs. This could be a family member, a colleague, or your legal representative. Ensure they understand their responsibilities, such as:
   • Notifying the appropriate state authority of your death.
   • Safeguarding or properly disposing of your tools and records.
   • Completing any unfinished business or notifying clients as necessary.
3. Notify Your Clients: If you regularly work with specific clients, include instructions for notifying them of your passing and advising them on next steps.
4. Meet State-Specific Requirements: Different states have different laws governing the handling of notary tools and records after a notary’s death. For example:
   • Some states require journals to be submitted to the county clerk or other authority.
   • Others mandate that electronic seals and certificates be destroyed or revoked. Research your state’s requirements and include detailed instructions in your plan.
5. Secure Sensitive Information: Notarial acts often involve nonpublic personal information (NPI). Your death plan should include steps to:
   • Securely store or destroy client information.
   • Prevent unauthorized access to your records.
6. Provide Financial and Legal Guidance:
   • Include details about pending invoices or payments owed to you.
   • List subscriptions or memberships (e.g., RON platforms, professional associations) that need to be canceled.
7. Write a Letter of Instruction: Draft a letter outlining your wishes for your notary business and tools. This letter should be stored with your important documents and shared with your executor or designated party.

Practical Steps to Implement Your Death Plan

1. Review State Laws: Familiarize yourself with your state’s regulations regarding notary tools and records.
2. Organize Your Records: Keep all journals, electronic records, and notarial tools in a secure and accessible location. Clearly label them for easy identification.
3. Communicate Your Plan: Discuss your death plan with your designated party and ensure they understand their responsibilities. Provide them with any necessary contact information for state authorities or professional organizations.
4. Update Your Plan Regularly: Revisit your death plan annually or after significant changes in your business or state laws.

The Importance of Planning Ahead

Having a death plan for your notary business and tools is not just about meeting legal obligations; it’s about leaving a legacy of professionalism and care. By taking the time to create a comprehensive plan, you’re ensuring that your clients, colleagues, and loved ones won’t be left with confusion or legal complications. It’s a final act of responsibility and dedication to your craft.