Alabama Code Title 36, Chapter 20, Article 4 (§§ 36-20-70 through 36-20-75) governs the appointment, authority, duties, and responsibilities of notaries public in Alabama. Recent changes to these laws include Act 2023-548, Act 2024-314, and Act 2026-536.
Under Alabama law, notaries public have authority to:
- Administer oaths in all matters incident to the exercise of their office.
- Take the acknowledgment 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 of office.
- Demand acceptance and payment of bills of exchange, promissory notes, and all other writings which are governed by the commercial law as to days of grace, demand, and notice of nonpayment and protest the same for nonacceptance or nonpayment and give notice thereof as required by law.
- Exercise such other powers, according to commercial usage or the laws of this state, as may belong to notaries public.
Ala. Code § 36-20-73(a).
A notary public is not obligated to perform a notarial act if the notary has reason to believe the transaction is illegal, false, or deceptive; the individual is being coerced; or the individual's demeanor creates compelling doubts about whether the individual understands the consequences of the transaction. Ala. Code § 36-20-73(b).
Notaries apply with and are appointed and commissioned by the probate judges of the various counties for terms of four years. Alabama law establishes minimum application requirements and requires new and renewal applicants to complete a pre-commission training program prepared by the Alabama Probate Judges Association and the Alabama Law Institute. Attorneys are exempt from the training requirement. Ala. Code § 36-20-70. Please contact the Alabama Probate Judges Association and the Alabama Law Institute for further information about the training program.
For specific information about being appointed and commissioned a notary public, including application, bond, and fee requirements, please contact the probate judge for your county. Use our city and county lookup to obtain contact information for your county probate judge.
Alabama law permits licensed professionals who are commissioned as notaries public, and their employees who are commissioned as notaries public, to perform acknowledgments and other notarial acts required in the normal course of providing professional services for which the professional receives a fee, commission, or other payment. Ala. Code § 36-20-70.1.
Remote notarization is subject to the requirements of Alabama Code Section 36-20-73.1. Effective October 1, 2026, Act 2026-536 added requirements addressing the signer's understanding and voluntary participation, notice of recording, the signer's location within the United States, and refusal when specified concerns about capacity, coercion, security, or artificially generated images arise. The notary must be physically located in Alabama, and the audio-video recording must be retained for seven years. Remote notarization may not be used for an absentee ballot application, absentee ballot affidavit, or any purpose related to voting. Review Act 2026-536 for the complete requirements.
Probate judges report to the Secretary of State the name, county of residence, date of issuance, and date of expiration of the commission of each notary public appointed and commissioned under applicable law. Ala. Code § 36-20-70. The records filed with this office regarding the appointment and commissioning of notaries are public records and are available for review by the general public. You can search commissioned notaries here.
Alabama Code Section 36-20-75 governs warnings, restrictions, suspensions, and revocations of notary commissions and establishes Class C misdemeanor and Class D felony offenses for specified violations. Alabama Code Section 36-20-75(d)(1) provides an affidavit procedure for reporting alleged notary-law violations. Under that procedure, a party to a transaction requiring a notarial certificate for verification, or an Alabama-licensed attorney involved in the transaction in any capacity, may file an affidavit with the commissioning probate judge or the Secretary of State. The Secretary of State or commissioning probate judge must forward the affidavit to the Alabama Law Enforcement Agency. ALEA must investigate, either independently or in coordination with local law enforcement. Founded investigations must be referred to the appropriate district attorney for prosecution. The commissioning probate judge may also order appropriate injunctive relief, including surrender and destruction of the notary commission and seal.
Alabama Attorney General opinions concerning notary law are available through the Office of the Attorney General's website.
For additional information, contact:
Government Support
(334) 242-5325
notaries.public@sos.alabama.gov