NOTARY FOR A PARTICULAR COUNTY
HOW DOES ONE BECOME A NOTARY PUBLIC?
A candidate must fill out an application with the probate judge.
The probate judge appoints and commissions all notary publics.
HOW LONG DOES A COMMISSION FOR A NOTARY LAST?
Each notary public can hold office for a period of 4 years,
however, the notary can apply for a renewal after the four year
term has expired.
WHAT IF A NOTARY PUBLIC MOVES OUT OF THE COUNTY WHERE
THE APPOINTMENT AND COMMISSION WERE GIVEN?
The notary public must vacate the office if they move out of the
county from where the commission was granted.
MUST A NOTARY PUBLIC BE BONDED?
Yes. a $10,000 bond must be obtained and payable to the state of
Alabama and conditioned to faithfully perform the duties of
notary public. The bond must be executed, approved, filed and
recorded in the office of the judge of probate before the notary
can assume any duties.
IS A NOTARY REQUIRED TO HAVE A SEAL?
NOTARY FOR STATE AT LARGE
Yes. In order to authenticate the official acts of the notary,
each notary must provide a seal. The impression of this seal
must provide the name, office, state and the county where the
notary was appointed.
CAN ONE BECOME A NOTARY FOR THE ENTIRE STATE?
Yes. One can apply for appointment with the probate
judge for a state wide notary. The notary shall not be limited
to any one county, but can perform official acts in any county
in the state.
HOW LONG DOES A COMMISSION LAST AS A NOTARY PUBLIC
FOR THE STATE AT LARGE?
The term of office is the same for a statewide notary as it is
for a notary for a specific county, 4 years.
IS A BOND REQUIRED FOR A STATEWIDE NOTARY?
Yes. The statewide notary must give bond approved by the probate
judge of the county of residence in the sum of $10,000, payable
to the state of Alabama and conditioned to faithfully perform
the duties of notary public. The bond must be executed,
approved, filed and recorded in the office of the judge of
probate of the county of residence before the notary assumes any
MUST A SEAL BE OBTAINED FOR A STATEWIDE NOTARY?
APPLICABLE TO ALL NOTARY PUBLICS
HOW MUCH MUST BE PAID TO THE PROBATE JUDGE TO
BECOME A NOTARY PUBLIC?
Yes. In order to authenticate the official act of the statewide
notary, each notary must provide a seal. The impression of this
seal must provide the name, office and the state where the
notary was appointed.
The standard fee collected by the probate judge according to the
Alabama Code is $16.00, however, the fee may be increased by
WHAT MAY A DULY APPOINTED NOTARY PUBLIC DO?
- may administer oaths
- take acknowledgements of or proof of instruments of
writing relating to commerce or navigation and certify the
same and all other of their official acts under their seal
- demand acceptance and payment of bills of exchange,
promissory notes and all other writings which are governed
by the commercial law as to day of grace
- demand and notice of nonpayment and protest the same for
non-acceptance or nonpayment
- give notice thereof as required by law
WHAT FEES MAY A NOTARY COLLECT FOR SERVICES?
A notary is entitled to the following fees:
- $1.50 plus postage for all services rendered in
connection with the protest of any bill of exchange for
acceptance, or of any bill of exchange, promissory note,
check or other writing for payment
- $.50 for any oath, certificate of seal taken
- $.50 for giving any other certificate and affixing seal
- $.20 for every 100 words for giving copies from notary's
- $.25 for each certificate and seal to the register copy
DOES A NOTARY PUBLIC HAVE TO KEEP RECORDS TO EACH
Yes. Each notary must keep a record of all the notarial acts
performed. This register must be given to the judge of probate
of the county upon the death, resignation, removal, or
expiration of the term.
WHAT SHOULD BE DONE WITH THE REGISTER OF NOTARIAL
ACTS ONCE THE NOTARY IS NO LONGER IS OFFICE?
Upon the death, resignation, removal, or expiration of the
notary's commission, the register must be delivered to the
probate judge within 30 days.
WHAT IS THE PENALTY FOR FAILURE TO DELIVER NOTARY'S
REGISTER TO PROBATE JUDGE ON DEMAND?
Any person who, after the death, resignation, removal, or
expiration of the term of office of any notary public, has the
register kept by the notary, refuses, on demand, to deliver the
register to the probate judge shall, on conviction, be fined not
less than $100.00.
WHAT IS THE PENALTY FOR PERFORMING A NOTARIAL ACT
WITHOUT A COMMISSION OR AN EXPIRED COMMISSION?
If any person performs a notarial act without being a notary or
after their commission has expired, they are guilty of a
misdemeanor and subject to imprisonment for not more that one
IS A NOTARY PUBLIC SUBJECT TO IMPEACHMENT AND REMOVAL
Yes. A notary may be impeached and removed from office for
willful neglect of duty, corruption of office, incompetency,
excessive use of liquors or drugs to such an extent in view of
the dignity of the office and importance of its duties it makes
the notary unfit to perform the duties of the office, or commits
any offense involving moral turpitude.
THIS INFORMATION, WHICH IS BASED ON ALABAMA LAW, IS TO INFORM
AND NOT TO ADVISE. NO PERSON SHOULD EVER APPLY OR INTERPRET ANY
LAW WITHOUT THE AID OF A LAWYER WHO ANALYZES THE FACTS, BECAUSE
THE FACTS MAY CHANGE THE APPLICATION OF THE LAW.
Prepared by the Alabama Law Institute for the Alabama
Probate Judges' Association