Under Alabama law, proper notarization requires the following key elements:
- The notary must be a commissioned Alabama notary public, having applied through a standardized application process to the probate judge in their county of residence, and having met all qualifications including residency, no felony convictions, and completion of required training (except for attorneys).
- The notarial act on a publicly recorded instrument must include:
- An oath or acknowledgment by the signer,
- The signature or mark of each party to the instrument,
- The signature and seal of the notary public.
- The notary must charge fees within the limits set by law (up to $10 per notarial act) and maintain a surety bond of $50,000 obtained from an Alabama-licensed producer.
Regarding when notarization can be refused:
- A notary may refuse to notarize if the signer is not physically present (unless remote notarization is authorized),
- If the signer cannot be properly identified,
- If the signer refuses to take an oath or affirmation when required,
- If the notary has reason to believe the signer lacks mental capacity or is being coerced,
- If the document is incomplete or improper for notarization,
- If the notarization request is made outside the notary’s authorized business hours or scope,
- If the notary suspects the document will be used for illegal purposes or the notarization is otherwise unlawful.
In Alabama specifically, the probate judge has authority to deny a notary commission application for reasons such as non-residency, felony convictions, bankruptcy, incapacity, false information, or failure to complete training.
Thus, proper notarization in Alabama requires adherence to statutory form and procedural requirements, and notarization can be refused when the notary cannot verify identity, capacity, willingness, or legality of the act.
🔴 Immediate Actions (Today or ASAP)
- Verify Notary Credentials: Check that the notary is a commissioned Alabama notary public by asking to see their current commission certificate or searching the probate judge's office records.
- Confirm Signer Presence and Identity: Make sure the signer is physically present and has valid photo ID to prove identity before notarization.
- Review Document Completeness: Ensure the document to be notarized is fully completed and does not contain blank spaces or missing information.
- Prepare for Oath or Acknowledgment: Inform the signer that they must take an oath or acknowledge the signing as required by law.
- Check Notary Fees: Confirm that the notary charges no more than $10 per notarization act as allowed by Alabama law.
🟡 Short-Term Steps (This Week)
- Gather Documentation: Collect all relevant documents including the notarized instrument, IDs used, notary commission certificate, and any receipts for fees paid.
- Document the Notarization Process: Write down details about the notarization: date, time, location, names of parties, and any unusual circumstances.
- Contact Probate Judge if Needed: If you suspect the notary is not properly commissioned or has violated rules, contact your county probate judge’s office to verify credentials or file a complaint.
- Request a Copy of the Notarized Document: Make sure you have a certified copy for your records.
- Learn About Remote Notarization: If physical presence is difficult, check if remote notarization is authorized and how to properly use it.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Monitor for Any Issues: Watch for any signs of forgery, coercion, or improper notarization that could affect the document’s legal validity.
- Consult a Lawyer if Problems Arise: If you believe the notarization was improper or the document is being challenged, get legal advice promptly.
- File Complaints if Necessary: Report any misconduct by the notary to the Alabama Secretary of State or the probate judge.
- Consider Notary Training: If you plan to become a notary, study the Alabama requirements carefully and complete the necessary training.
Your Legal Rights
Under Alabama law, you have the right to:
- Have your signature notarized only by a properly commissioned Alabama notary public.
- Require the notary to verify your identity and willingness to sign without coercion.
- Refuse notarization if the notary suspects fraud, incomplete documents, or illegal purposes.
- Access records of your notarized documents and obtain copies.
- File complaints against notaries who violate state laws or commission rules.
Where to Get Help
- Alabama Probate Judge's Office: For verifying notary commissions and filing complaints. Contact the probate judge in your county.
- Alabama Secretary of State Notary Division: For statewide notary rules, applications, and complaints. Website: https://www.sos.alabama.gov
- Legal Aid Organizations: For free or low-cost legal advice, such as Legal Services Alabama (website: https://www.legalservicesalabama.org).
- Local Law Libraries: For access to state statutes and notary law guides.
- Consumer Protection Agencies: For issues related to improper fees or fraud.
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