Notary Requirements for Alabama: 2025 Updated

Becoming an Alabama Notary Public requires meeting state eligibility rules and following the official application process through your local probate judge. Notaries serve statewide on a 4-year commission. This guide outlines all steps, rules, fees, and FAQs.

• Eligibility Requirements
• Application Process for New Notary Commission
• Surety Bond Requirements
• Notary Seal and Journal Requirements
• Oath of Office and Recording the Commission
• Commission Term and Expiration
• Commission Renewal Process
• Remote Online Notarization (RON)
• Notary Fees and Compensation
• Official Resources
• Frequently Asked Questions (FAQs)

Eligibility Requirements

To qualify for an Alabama notary public commission, you must:

• Age and Capacity: Be an adult (generally 18+) capable of legal obligations and not under a court order of incapacity.

• Residency: Be a legal resident of Alabama and apply in your county of residence. Non-residents are not eligible.

• Criminal History: Have no unpardoned felony convictions or crimes involving moral turpitude. Current bankruptcy debtors are disqualified.

• Good Standing: Not having a current adjudication of mental incompetence. The Probate Judge may deny based on prior notary misconduct.

• Bondability: Be able to obtain the required $50,000 surety bond.

• Training: Complete state-mandated notary training course within 30 days of applying (attorneys exempt).

• Background Check: Probate court typically conducts a background review. False application information is grounds for denial.

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Application Process for New Notary Commission

The process is through your county’s Probate Office.

1. Obtain and Complete Application: Download the statewide Notary Public application form from the Alabama Probate Judges Association (APJA) website or your county probate office. Fill out, print, and sign.

2. File with Probate Judge: Submit completed application to the Judge of Probate in your county of residence with a $10 non-refundable filing fee and typically a copy of AL driver’s license/ID.

3. Application Review: Probate office reviews application and eligibility (3-5 business days). If approved, you receive an official Appointment Letter.

4. Complete Required Training: Within 30 days of submitting your application, complete the free online notary training course from APJA/Alabama Law Institute. Print Certificate of Completion. (Licensed AL attorneys submit Bar card copy instead).

5. Purchase $50,000 Surety Bond: After receiving Appointment Letter, obtain a $50,000 bond from an AL-licensed surety. Do not fill in commission dates on bond form.

6. File Bond, Oath, and Final Paperwork: Within 40 days of Appointment Letter date, return to Probate Office with:

   • Original $50,000 bond (signed by you and surety).

   • Certificate of Training Completion (or Bar proof).

   • Valid photo ID. Take the official Oath of Office before the Judge of Probate or staff. Sign oath.

7. Pay Commission Issuance & Recording Fees: Pay $25 state commission fee plus county recording fees (total typically $40-$70) to probate office.

8. Receive Notary Commission Certificate: Probate office forwards info to AL SOS. SOS mails commission certificate (and wallet card) to your home. Review for accuracy.

9. Obtain Notary Seal: After commissioning, acquire an official Notary seal (rubber stamp or embosser).

   • Important: Do not notarize until commission certificate received and seal obtained. Allow 4-6 weeks for the entire process.

Surety Bond Requirements

Mandatory: A $50,000 surety bond for the 4-year term (increased Sept. 2023).

• Purpose: Protects public from financial loss due to notary negligence/misconduct. Notary reimburses surety for paid claims.

• Provider & Cost: From AL-licensed insurance agency/bond company. Premium typically $50-$150.

• Filing: Approved by, filed, and recorded with the Judge of Probate in the county of residence before commission is effective.

• Renewal: New $50,000 bond required for each renewal.

• Recommendation: Optional Errors & Omissions (E&O) insurance protects the notary personally but is not state-mandated.

Notary Seal and Journal Requirements

Official Seal/Stamp: Mandatory. Use an official seal to authenticate all notarial acts.

• Format: Rubber inked stamp OR embosser (clear impression required).

• Content: Must clearly show:

  1. Your Name (as on commission).

  2. Your Office (title "Notary Public").

  3. The State ("State of Alabama").

• Expiration Date/ID on Seal: Optional. Not required by AL law on the seal itself (but commission expiration date must be written/typed on each notarial certificate).

• Security: For notary's exclusive use. Report loss/theft to probate judge. Destroy/deface upon commission end.

Notary Journal (Record Book): Not Required by Law (Except for Fee-Charging & RON). Alabama does not legally mandate a journal for all traditional acts (requirement removed 2011).

• Required if Fees Charged: If charging for services, law requires keeping a record (bound journal or electronic) of each fee-generating act.

• Recommendation: Strongly recommended by SOS as best practice for all notaries for protection and record-keeping.

• RON: Remote notarizations require a detailed record (A/V recording) kept for 7 years.

Oath of Office and Recording the Commission

• Oath of Office: Administered at the Probate Court when filing bond and finalizing commission. Sign oath before Judge of Probate or deputy.

• Recording Commission: Probate Court records notary bond, oath, and official commission in county records. SOS also maintains a statewide database.

Commission Term and Expiration

• Term Length: Four (4) years from commission date.

• State at Large: Authority is statewide within Alabama. Cannot notarize outside AL.

• Expiration: Authority lapses at expiration. No grace period. Acting with expired commission is a misdemeanor.

• Seal Return: Upon expiration (if not renewing), law directs surrender of seal to county legislative body (or destroy).

Commission Renewal Process

Renewal is essentially a new commission application.

1. When to Begin: 1-2 months before the current commission expires.

2. Application Form and Fee: Complete new Notary Public Application, submit to county Probate Office with $10 application fee.

3. Training Requirement: If commissioned before Sept 1, 2023 (and not yet taken state training), must complete the course for renewal. Attorneys are exempt.

4. Background Check and Approval: Probate Court reviews. Approval leads to Letter of Appointment.

5. New Bond: Obtain new $50,000 bond for the new 4-year term.

6. Filing and Oath: File new bond, take new oath at Probate Office. Pay $25 state commission fee + county fees.

7. New Commission Issued: SOS issues new certificate. Update seal if it had an expiration date or if name/county changed.

Remote Online Notarization (RON) in Alabama

Legal since 2021 (updated 2023).

• Notary Location: Notary must be physically in Alabama during RON.

• Communication: Real-time, synchronous audio-video technology.

• Documents/Signatures: Original physical document with wet-ink signature required. Signer signs paper on camera (or shows pre-signed), then sends original to notary for notary's physical signature/seal. E-signatures on the document by the principal are not permitted for AL notarial acts.

• ID Verification: Personal knowledge OR two forms of valid government-issued ID (one with photo/signature) presented on video PLUS public/private data source verification (e.g., KBA).

• Recording: Mandatory A/V recording of the entire session, retained by notary for 7 years. Must include specific attestations and ID images.

• No Separate RON Commission: Standard commission allows RON if rules followed. Use a compliant RON platform (notary's choice, no state-approved list).

• Restrictions: No RON for voting documents (absentee ballots).

Notary Fees and Compensation

• Application Fee: $10 to probate court.

• Commission Fee: $25 to probate judge (plus county recording fees, total ~$40-$70).

• Notarial Act Fee: Max $10 per notarization. (Gov't employees on duty: no fee). Travel fees separate, by agreement.

Official Resources

• Alabama SOS – Notaries Public: sos.alabama.gov/administrative-services/notaries-public (online notary search, contacts).

• Alabama Probate Judges Association (APJA): alpja.org (official application form, mandatory online training).

• Code of Alabama (1975): Title 36, Chapter 20, Article 4 (Notary Laws).

• County Probate Offices: Local resource for applications, fees, specific procedures.

Frequently Asked Questions (FAQs)

Q: What duties is an Alabama notary public authorized to perform?

A: Administer oaths/affirmations, take acknowledgments, take proofs/verifications, protest negotiable instruments. Cannot give legal advice or perform marriages.

Q: How much can I charge for notarizing a document?

A: Max $10.00 per notarial act (raised from $5 in 2023). Travel fees by prior agreement. Public officials on duty cannot charge.

Q: My notary commission expired – what do I do now?

A: Stop notarizing immediately. Reapply as new (full initial process: application, training if needed, bond, oath, fees).

Q: How do I update my information if I move or change my name?

A:

• Address (within AL): Notify SOS and county probate office (recommended).
• Name Change: Continue using commissioned name/seal until renewal. At renewal, apply under a new name (with proof). Or resign/reapply early.
• Move Out of AL: Resign.

Q: What should I do if my notary seal or stamp is lost or stolen?

A: Immediately report in writing to your commissioning Judge of Probate. Consider notifying AL SOS. Order a new seal. File a police report for theft.

Q: Can I notarize a document for a family member or relative?

A: Law doesn't forbid if there is no direct financial/beneficial interest. Avoid for immediate family if impartiality could be questioned. Prohibited if notary has pecuniary interest.

Q: Do I need to keep a journal of my notarial acts in Alabama?

A: Not legally required for traditional in-person acts (except if charging fees, then record of acts needed). Mandatory A/V recording (7-yr retention) for RON. Journal strongly recommended for all acts.

Q: Can Alabama notaries perform notarizations online via webcam (remote notarization)?

A: Yes (RON legal since 2021). Notary in AL. Requires physical paper document with wet-ink signature by principal, specific ID verification, A/V recording (7-yr retention). No RON for voting docs.

Q: What happens if I need to resign or cancel my notary commission before it expires?

A: Send a written resignation to the Judge of Probate and SOS. Destroy/deface seal.

Q: Are there any restrictions on where I can notarize or what documents I can notarize?

A: Statewide jurisdiction within AL. Cannot notarize outside AL. Can notarize out-of-state docs if an act occurs in AL. Don't notarize blank/incomplete docs. Cannot certify vital/public records. No RON for voting docs.

Always rely on official Alabama state and county resources for the most current information.