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Alabama raised the notary bond from $25,000 to $50,000 on September 1, 2023, and the probate judge will not record a bond written for the old amount. This package pairs the $50,000 statutory bond the State of Alabama requires with a $10,000 errors and omissions policy that protects you, because the bond itself does not. Most notary applicants are approved at a flat premium with no credit check, and the executed bond ships ready to file in the probate office of your home county.
Every Alabama notary public must file a $50,000 surety bond, payable to the State of Alabama, with the judge of probate of the county where they live before taking office. The amount was raised from $25,000 by Act 2023-548, effective September 1, 2023, under Code of Ala. 36-20-71. This listing adds $10,000 of errors and omissions coverage, which the law does not require but which is the only part of the package that pays for the notary's own honest mistakes.
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This is the point most new notaries have backwards. The $50,000 bond required by Code of Ala. 36-20-71 is payable to the State of Alabama and conditioned on the notary faithfully discharging the duties of the office. If a person is harmed by a notary's misconduct and the surety pays, the surety then collects that money back from the notary. The bond is a guarantee to the public, not insurance for the notary.
The $10,000 errors and omissions coverage in this listing is a separate policy that covers the notary's own unintentional errors, up to its limit, without the payback obligation. Alabama law does not require E&O. It is an option for notaries who want their own protection, and it is the difference between this listing and the bond-only version.
Act 2023-548 (Senate Bill 322) rewrote the notary article of the Code. The bond rose from $25,000 to $50,000. The commission fee collected by the probate judge rose from $10 to $100. New applicants and renewing notaries must complete a training program prepared by the Alabama Probate Judges Association and the Alabama Law Institute before being commissioned. Attorneys licensed in Alabama are exempt from the training but not from the bond. Notaries who were already commissioned on January 1, 2023 continue under their existing bond for the rest of their current term, then post the new amount at renewal.
The Secretary of State does not issue commissions. The judge of probate of your county of residence does, for a four year term, and reports each commission to the Secretary of State. Under Code of Ala. 36-20-70 the judge may deny an application if you are not a resident of Alabama, applied in the wrong county, have been convicted of a felony or a crime of moral turpitude, are in an active bankruptcy, have been found incapacitated by a court, gave false information on the application, or did not complete the training.
The statewide application form used by county probate offices sets a 30 day window from the application date to finish the training and a 40 day window from the letter of appointment to obtain and record the bond. Those windows are strictly enforced, so order the bond as soon as the appointment letter arrives. The bond must be executed, approved by the judge, filed and recorded in the probate office before you perform any notarial act. Your county may also charge a recording fee on top of the $100 commission fee, so confirm the total with the probate office.
Not until your current commission ends. A notary who was commissioned on January 1, 2023 continues under the existing bond for the rest of that term. At renewal, or for any new commission after September 1, 2023, the bond must be $50,000.
No. Code of Ala. 36-20-71 requires only the $50,000 bond. The $10,000 E&O policy is added to this listing because the bond does not protect the notary. If the surety pays a claim on the bond, it recovers the amount from the notary. E&O pays the notary's own unintentional errors without that payback.
With the judge of probate in the county where you live. The bond must be executed, approved by the judge, filed and recorded there before you perform any notarial act. The Secretary of State keeps a record of commissions but does not take the bond.
The probate judge collects a $100 commission fee set by Code of Ala. 36-20-70. Counties typically charge a $10 application fee and may add a recording fee for the bond. The bond premium is a flat annual or term charge from the surety and most notary applicants qualify without a credit review.
Yes. Attorneys are exempt only from the pre-commission training. The $50,000 bond, the four year commission and the $100 fee apply to every notary.
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