Autauga County Probate
176 W 5th Street, Prattville, AL 36067
8:30 am - 5 pm
Learn about our Records & Recordings Fees.
Ready to tie the knot? See how to file a Marriage Certificate here.
Steps to becoming a notary public.
Get the proper business license for Autauga County.
Records & Recordings
RECORDING FEE SCHEDULES
Click HERE to view/download/print fee schedule.
NEW Marriage Process – Alabama Act 2019-340
Effective August 29, 2019, the process for entering into a legal marriage in Alabama changes, pursuant to Ala. Act 2019-340. Under the new law, persons wishing to become married are no longer required to file an application for a marriage license with the county probate court, and the courts will no longer issue marriage licenses. Furthermore, all Alabama probate courts will now be required to record marriage certificates. The Alabama Marriage Certificate form represents a contractual agreement between the parties to the marriage, completed by both parties and delivered to the probate court for recording. Once properly completed and recorded, the marriage is valid. A wedding ceremony may be performed for the parties, but solemnization is no longer required for a recognized marriage in Alabama.
Complete and print out the form here: https://dph1.adph.state.al.us/marriage/
- When does the new law go into effect?
The new law, which eliminates the issuance of marriage licenses, is effective Thursday, August 29, 2019.
- What steps must a couple complete to be considered married under Alabama law?
1.) Fill out the Alabama Marriage Certificate form provided by the Alabama Department of Public Health. 2.) Sign the form and have the signatures notarized. 3.) Submit the form to probate court within 30 days of the signatures of the parties.
- Where does a couple obtain the new Alabama Marriage Certificate form?
Once the new Act goes into effect, you can access the new Alabama Marriage Certificate form online at the Alabama Department of Public Health’s website at http://www.alabamapublichealth.gov/vitalrecords/marriage-certificates.html.
- When is the effective date of the marriage?
As long as the Marriage Certificate form is submitted to probate court within 30 days of the signatures of the parties, the effective date of the marriage is the date that both parties sign the Marriage Certificate form. If the spouses sign on different dates, the date of the marriage will be the latter of the dates of the spouses’ signatures.
- Are couples still required to have a marriage ceremony?
No. The new Act eliminates any requirement of a ceremony. Couples may still have ceremonies, of course.
- Are couples required to go to probate court PRIOR to getting married?
No. Unlike the previous law’s requirement that a couple apply for a license PRIOR to getting married, the new Act requires that the Alabama Marriage Certificate form be filed with probate court AFTER the couple is married.
- How old must a person be to marry in Alabama?
To get married without parental consent, a person must be at least 18 years old. Anyone under the age of 18, but at least 16 years old may marry in Alabama as long as he or she has parental consent. Anyone under the age of 16 years old is not permitted to marry.
- Must both parents consent for a minor to marry?
No. Unlike the previous law’s requirements that BOTH parents consent to the minor being married, the new Act only requires that ONE parent consent to the minor’s marriage.
- How does a parent provide consent for a minor to marry?
There are two versions of the Marriage Certificate form. There is one form for persons who are 18 years of age and older, and a second version of the form for persons who are 16 to 17 years of age and require the consent of a parent or guardian to enter into marriage. The consenting parent(s) or guardian(s) must complete page 2 of the Marriage Certificate form, entitled “Affidavit of Consent for Marriage of a Minor.”
- How much is the fee to get married?
The fee to record the Marriage Certificate form is $78.00 in Autauga County. The fee must be paid by cash, money order, or credit card. No checks will be accepted to record Marriage Certificate forms.
- How do I obtain certified copies of my Marriage Certificate?
If you would like a certified copy of the Marriage Certificate, you may obtain a copy from the Records Division of the Autauga County Probate Office. This can be obtained immediately after its been recorded. The fee for a certified copy is $3.00 for a standard Marriage Certificate, and $4.00 for a Marriage Certificate that includes parental consent. To expedite the process for getting a certified copy, make a note of the instrument number assigned to your Marriage Certificate when it is recorded, and share that number with the clerk in the Records Division. Additional copies may also be obtained from the Alabama Department of Public Health’s Center for Health Statistics. Once the certificate has been submitted by the probate court and received and filed in the Center for Health Statistics, you may request certified copies of your certificate through that office. For instructions on how to request certified copies of your certificate in person, online, by mail, or by phone, visit the Center’s website at http://www.alabamapublichealth.gov/vitalrecords/marriage-certificates.html. You may also call the Center for Health Statistics at (334) 206-5418.
- What happens if the form is not submitted to probate court within 30 days of the signatures of the parties?
The marriage would be considered invalid, and the spouses would need to start the process over. They would complete a new Marriage Certificate form and deliver it to the probate court within the 30 days required by law.
- Do both spouses have to come together to probate court to bring the Marriage Certificate form to be recorded?
No. Both spouses do not have to come to probate court to record the Marriage Certificate.
- Am I required to record the Marriage Certificate form in the county where I or my intended spouse reside?
No. You may record an Alabama Marriage Certificate form in any Alabama county probate court.
- Will probate court provide a notary to notarize the Marriage Certificate form?
No. Staff at Autauga County Probate Court are not permitted to notarize documents for the public. Notaries are available at many locations, including banks, public libraries, UPS stores, AAA, and some pharmacies. Your personal bank should provide notary services for free, but there may be a charge for notary services at some of the other listed locations. Under Alabama law, a Notary Public is able to charge $5 for each signature that is notarize and each act performed.
The office of a Notary Public is a serious and responsible public office and should not be taken lightly. Abuse of the office or irresponsibility in the performance of notarial duties can result in grave consequences. If a Notary Public has doubts about the propriety of any action, he or she should seek competent professional advice before he or she acts.
DEFINITIONS OF A NOTARY PUBLIC
A Notary Public is a public officer whose function it is
- To administer oaths; and
- To attend and certify, by his or her signature and official seal, certain classes of documents, in order to give them credit and authenticity; and
- To take acknowledgments and deeds and other conveyances and certify the same; and
- To perform certain official acts, chiefly in commercial matters, such as the protecting of notes and bills, the notice of foreign drafts, and marine protests in cases of damage.
REQUIREMENTS TO BE APPOINTED A NOTARY PUBLIC IN AUTAUGA COUNTY
Must be a resident of Autauga County and must be capable of posting bond in the required amount.
TYPES OF NOTARIES
Effective January 1, 2012, all new notaries appointed in Alabama are State-at-Large. If you are currently appointed as County notary, you are not considered State-at-Large
Notary Public Frequently Asked Questions:
What are the basic requirements to be ap pointed as a Notary Public?
You must live in Autauga County and provide proof of residency. You must be registered to vote in Autauga County You must be capable of posting a bond in the state required amount of $25,000. You must be at least 18 years of age.
What is the filing/recording fee in Autauga County?
$20.00 payable by cash, check, credit card or money order.
Do I have to come to Probate Court?
NO, you may mail your application if you choose to the following address: Notary Department Probate Court of Autauga County, 176 West 5th Street, Prattville, Alabama 36066
How long does it take to get my appointment letter after I mail in or hand deliver my application?
You can typically expect to receive your appointment letter within 2 weeks.
What if my application is rejected?
You will receive a letter from the Judge of Probate with instructions on what to do next.
Where can I obtain/purchase my $25,000 Surety Bond?
Almost any insurance company can provide you with the required bond. Please make sure the company/agent issuing the bond is a Licensed Producers in State of Alabama and recognized by the Alabama Department of Insurance.
When should I purchase my $25,000 Surety Bond?
After receiving your official Appointment Letter from the Judge of Probate. It is important that the bond NOT be dated prior to the actual appointment date.
I am currently a Notary, what is the renewal process?
There is no renewal process. You must submit a new application each time your current commission expires.
How long is my Notary commission good for?
Your notary commission and bond is good for 4 years.
Do I need a Notary Seal or Stamp?
YES, these are available through most office supply stores or any number of websites. Probate Court does not supply the seal/stamp or make any recommendations regarding where to purchase.
After completing the application process and recording my bond at Probate Court, what do I get?
You will receive your Notary Card and official “Notary Commission”. You are now eligible to perform any legal Notary act.
Where can I find out more about Notaries Public?
Visit the Alabama Secretary of State website: http://sos.alabama.gov/administrative-services/notaries-public
For more information about Notary Public, you may want to purchase the handbook, A Manual for Notaries Public, published by the Young Lawyer’s Section of the Alabama State Bar. The manual cost is $5.00.
Katherine L. Church
Alabama State Bar
P.O. Box 671
Montgomery, AL 36101
You may also access the link to the State Legislature to obtain notary public information in the Code of Alabama (Section 36-20-1) at: http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm
Steps to be Appointed Notary for State Employees
- Complete notary public application
- Submit official letter from supervisor on department letterhead confirming your coverage under the State Blanket Bond policy
- Submit $20.00 filing fee payable to Judge of Probate
- Judge of Probate will mail approved certification to applicant within a reasonable time
- Notary seal is obtained from office supply company by applicant
Mail your documents to the following address:
Kimberly G. Kervin
Judge of Probate
176 West Fifth Street
Prattville, AL 36067
Attention: Recording Department
NOTARIES PUBLIC MAY DO ALL THE FOLLOWING:
1. Administer oaths in all matters incident to the exercise of their office
2. Take the acknowledgement or proof of instruments of writing relating to commerce or navigation and certify the same and all other of the office acts under their seal of office.
3. Demand acceptance and payment of bills of exchange, promissory notes, and all other writing 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 to give notice thereof as required by law.
4. Exercise such other powers, according to commercial usage of the laws of this state, as may belong to notaries’ public.
WHAT FEES MAY A NOTARY COLLECT FOR SERVICES?
Notaries Public are entitled to the sum of five dollars ($5.00) for carrying out any of their enumerated powers.
DOES A NOTARY PUBLIC HAVE TO KEEP RECORDS OF EACH NOTARIAL ACT?
No. A Notary Public no longer must keep a record of all their notarial acts.
WHAT IS THE PENALTY FOR PERFORMING A NOTARIAL ACT WITHOUT A COMMISSION OR AN EXPIRED
Any person who, having been a Notary, willfully performs or assumes the authority to perform a notarial act after their commission expires, or any person who without a notary’s commission assumes the authority and performs a notarial act shall be guilty of a Class C misdemeanor.
ALSO, REFER TO THESE WEBSITES FOR INFORMATION:
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.
Persons engaged in the operation of a business must obtain the proper city and state/county license prior to beginning operation. A business operating outside the city limits may only be required to purchase a State/County license. State/County business privilege licenses are issued via the local county probate offices. The License Section provides guidance to the counties in administering the licenses.
There are several differences in City and State/County licenses.
A City license is issued at City Hall, while the State/County license is issued through the County in which the business is located. In Autauga County, the State/County license must be purchased at the Office of the Judge of Probate at Autauga County.
The City License is valid for a calendar year, i.e., January 1 through December 31, while State/County business licenses are valid for a fiscal year, i.e., October 1 through September 30. State/County licenses must be renewed by October 31 to avoid penalties and interest charges.
Many businesses are exempt from obtaining a State/County business license. A determination of exemption is made by the Business License Section of the Probate Office. Additional information may be obtained by calling 334.361.3732.
Business Privilege License
A privilege license is a license requirement of every person, firm, company or corporation engaged in any business, vocation, occupation or profession described in Title 40, Chapter 12, Code of Alabama 1975.
The state and county license(s) is issued by the county Probate Judge or License Commissioner in the county where the business is located. Unless otherwise provided, a license is required in every county where the business is conducted. The Alabama Department of Revenue does not administer municipal licenses. Check with every city office where you are conducting business to verify what licenses are required prior to transacting business. For city contact information visit the Alabama League of Municipalities website https://alalm.org/
The term “store” includes any store or stores or any mercantile establishment or establishments which are owned, operated, maintained, controlled or for which the buying is done by the same person, firm, corporation, copartnership, or association, either domestic or foreign, in which goods, wares or merchandise of any kind are sold, either at retail or wholesale.
For information on Store Licenses see Title 40, Chapter 12, Article 6 in the Code of Alabama 1975 http://alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/136203.htm\
Business License Essentials https://www.youtube.com/watch?v=BGsDWKs2GJc&list=PLzq1n7es2QOnMm6axMTCpGmfROoGCG9mz&index=3&t=0s
Defining Business Privilege Licenses: https://www.youtube.com/watch?v=uk2kAC2BY0c&list=PLzq1n7es2QOnMm6axMTCpGmfROoGCG9mz&index=2&t=0s
Business License Frequently Asked Questions: https://www.youtube.com/watch?v=ima-HXfaknY&list=PLzq1n7es2QOnMm6axMTCpGmfROoGCG9mz&index=4&t=0s\
QUICK REFERENCE GUIDE: https://revenue.alabama.gov/wp-content/uploads/2017/07/qkref.pdf
GENERAL SUBJECT INDEX: https://revenue.alabama.gov/wp-content/uploads/2017/07/gensub.pdf
HANDBOOK OF PRIVILEGE AND STORE LICENSE: https://revenue.alabama.gov/wp-content/uploads/2019/09/Handbook-of-Priv-Store-Licenses.pdf
STARTING A NEW BUSINESS BOOKLET: https://revenue.alabama.gov/wp-content/uploads/2017/05/Business-Starting_a_New_Business.pdf
ALABAMA DEPARTMENT OF REVENUE FORMS SEARCH: https://revenue.alabama.gov/forms/
The taxes listed below are administered by the License Tax Section of the Business & License Tax Division.
Go to the Code of Alabama 1975. http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/coatoc.htm
- General Provisions: Title 40, Chapter 12, Article 1
- Business, Vocation or Occupation Privilege Licenses: Title 40, Chapter 12, Article 2
- Store Licenses: Title 40, Chapter 12, Article 6
- Exemption of Certain Persons: Title 40, Chapter 12, Article 7
- Business, Profession & Occupation Index: Title 40, Chapter 12, Article 2
176 W 5th Street, Prattville, AL 36067
8:30 am - 5 pm