Disinterested Custodian

When a notary dies, becomes incapacitated, or is otherwise unable to personally deliver their journal to the county clerk, someone else must step in. California law contemplates a disinterested custodian — a person who has no personal stake in the journal's contents — to take possession of the journal and deliver it to the county clerk within 30 days (Government Code §8209).

In practice this is often a family member, estate executor, or employer who acts without any personal interest in the documents recorded in the journal. The word "disinterested" signals that the custodian must not be named as a party to any transaction in the journal or have any financial stake that could motivate selective handling of the records.

The county clerk issues a receipt upon delivery. If the notary was employed and the employer holds the physical journal, the employer acts as custodian but is still obligated to deliver it — they cannot retain it permanently.

Exam Tip: Some exam questions present a scenario where a notary dies and an employer wants to keep the journal for business records. The answer is always: the journal must be delivered to the county clerk. The employer is the custodian, not the owner, and their only lawful action is timely delivery.