Law & Legal & Attorney Government & administrative Law

Alabama Notary Law

    Eligibility

    • Notary publics in Alabama are appointed based on county of residence. A person is eligible if he is at least 18, is an Alabama resident, is a registered voter in his county of residence and does not have a criminal record.

    Requirements

    • If a person is eligible to become a notary public, he must submit an application to the probate judge in his county of residence. Along with the application, a minimal filing fee must also be submitted, for example, $15 in Alabama's Montgomery County. Additionally, the applicant must pay $50 for a $10,000 notary bond, which is an insurance policy to protect any signers who are harmed by a notary's error.

    Appointment

    • If an applicant meets all requirements, the probate judge will mail the notary's certification within three weeks. A notary must then purchase a notary seal, expiration date stamp and journal from any office supply company. Those tools will be utilized every time a notary acts in his official capacity. A notary's term is four years and can be renewed.

    Types of Notaries

    • Alabama has three types of notaries. A state-at-large notary may operate in her official capacity throughout Alabama. A county notary is limited to performing her duties only within her county of residence. Lastly, a civil law notary position is only available to licensed attorneys in Alabama.

    Notary Services

    • Alabama notaries can offer many services, including: witnessing the signing of legal documents, witnessing estate planning, including the creation of trust accounts and the signing of a last will and testament, witnessing real estate closings and certifying the authenticity of documents.

    Notary Fees

    • Alabama notaries are permitted to charge $.50 per acknowledgment or affirmation. They may also charge a $.25 fee for placing a raised sealed on a document, certifying its authenticity.

    E&O Insurance

    • Alabama recommends that notaries purchase Errors and Omission (E&O) insurance. The $10,000 bond a notary purchases protects any signers, but the E&O insurance will protect a notary if she makes any mistakes or errors in her official capacity.

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