What You Need to Do to Become a Delaware Notary
To become a notary in Delaware, you must be at least 18 years old, a Delaware resident, and able to read and write English. You then take a written exam administered by the Delaware Department of State, pay a fee, and submit an process with your exam results. The entire process typically takes four to six weeks from exam to commission.
Delaware does not require you to take a pre-exam course, though many notaries find study materials helpful. The exam covers Delaware notary law, the duties and limitations of notaries, and common notarial acts. Once you pass and your process is approved, you receive a commission that lasts four years.
Key Takeaways
- You must be at least 18 years old, a Delaware resident, and able to read and write English to become a notary.
- The exam is administered by the Delaware Department of State and covers notary law, duties, and common notarial acts.
- You will pay an exam fee (currently $25) and a commission fee (currently $50) to the Delaware Department of State.
- Your notary commission lasts four years and must be renewed if you want to continue serving as a notary after that period.
- Delaware notaries can perform acknowledgments, jurats, and oaths, but cannot perform certain acts like administering oaths for court proceedings without additional training.
Check Your may be able to access Before You Begin
Delaware has straightforward may be able to access requirements. You must be at least 18 years old, a resident of Delaware, and able to read and write English. You cannot have been convicted of a felony involving dishonesty or fraud within the past 10 years. If you meet these conditions, you can move forward with the exam.
Residency is confirmed through your process — you will need to provide your Delaware address. The Department of State does not require proof of residency documents, but your address must be current and accurate. If you have moved recently, update your address before you explore.
Register for and Take the Notary Exam
The Delaware Department of State administers the notary exam. You register by contacting the Division of Corporations, which oversees notary commissions. The exam is offered at the Department of State office in Dover, and you can call or visit their website to schedule your test date.
The exam costs $25 and covers Delaware notary law, your duties and limitations as a notary, proper notarial procedures, and common notarial acts. You have two hours to complete the exam, which is typically 50 multiple-choice questions. You must score at least 70 percent to pass. If you do not pass on your first attempt, you can retake the exam after paying the fee again.
Study materials are available through the Delaware Department of State website. The official notary handbook covers all topics tested on the exam. Many notaries also use study guides from national notary organizations, though Delaware-specific content is essential since the exam focuses on state law.
Submit Your process and Pay Fees
After you pass the exam, you submit your process to the Delaware Department of State along with your exam results. The process form is available on the Department of State website. You will need to provide your full legal name, Delaware address, date of birth, and Social Security number.
The commission fee is currently $50 and covers your four-year term. You pay this fee when you submit your process. Some applicants pay both the exam fee and the commission fee at the same time if they are explore shortly after passing the exam. Keep copies of your payment receipts for your records.
The Department of State processes applications in the order they are received. Most applicants receive their commission within four to six weeks. You will receive your notary commission certificate by mail, which serves as your official proof of appointment.
Understand Your Duties and Limitations as a Delaware Notary
As a Delaware notary, you can perform acknowledgments (certifying that a person signed a document), jurats (certifying that a person swore or affirmed the truth of a statement), and administer oaths. You can also certify copies of documents and take affidavits. These are the core notarial acts you will perform most often.
Delaware notaries cannot perform certain acts without additional training or authority. You cannot notarize your own signature, notarize for a family member (defined as spouse, parent, child, or sibling), or perform acts that require a specific license such as administering oaths in court proceedings. You also cannot charge more than the fee set by Delaware law, which is currently $5 per notarial act.
You must keep a notary journal or record book documenting each notarial act you perform. This record should include the date, the type of act, the name of the person, and a description of the document. Delaware law does not require you to maintain this journal, but it is a best practice and protects you if a notarization is later questioned.
Renew Your Commission Before It Expires
Your notary commission lasts four years from the date it is issued. You will receive a renewal notice from the Delaware Department of State approximately 60 days before your commission expires. The renewal process is simpler than the initial process — you do not need to retake the exam.
To renew, you submit the renewal form, pay the renewal fee (currently $50), and return the materials to the Department of State. If you renew before your commission expires, there is no gap in your authority. If your commission expires before you renew, you cannot perform notarial acts until your renewal is approved.
If you do not renew and your commission expires, you can reapply as a new notary by taking the exam again and paying both fees. It is simpler and less expensive to renew on time than to let your commission lapse.
Get Your Notary Seal and Journal
Once you receive your commission, you need a notary seal (also called a stamp or embosser) and a journal. These are not provided by the state — you purchase them yourself. The seal must include your name, the words "Notary Public," your commission number, and your commission expiration date. Delaware allows both rubber stamps and embossers.
You can order a seal from office supply stores, online retailers, or companies that specialize in notary supplies. Seals typically cost between $15 and $50 depending on the type and quality. Your journal can be a bound book or a loose-leaf binder — the important thing is that it is organized and permanent so you can refer back to your records.
Some notaries use digital journals or software to track their notarial acts, but you should verify that your method meets Delaware record-keeping standards. A straightforward bound notebook works fine and requires no technology.
Frequently Asked Questions
Do I need to take a course before I take the notary exam?
No. Delaware does not require a pre-exam course. However, many notaries find that studying the official Delaware notary handbook or using a study guide helps them pass the exam on the first attempt. The handbook is free and available from the Department of State website.
What happens if I fail the notary exam?
You can retake the exam by paying the $25 exam fee again and scheduling a new test date with the Department of State. There is no limit on how many times you can retake the exam. Most people who study the handbook pass on their second attempt if they did not pass the first time.
Can I work as a notary while my process is being processed?
No. You can only perform notarial acts after your commission is officially approved and you receive your commission certificate. Working as a notary before you are commissioned is illegal in Delaware. The process typically takes four to six weeks, so plan accordingly if you need to start notarizing documents by a specific date.
How much can I charge for notarizing a document?
Delaware law sets the maximum fee at $5 per notarial act. You can charge less, but you cannot charge more. Some notaries charge $5 per act, while others charge less to build their business. Keep track of what you charge so you stay within the legal limit.
What do I do if someone asks me to notarize a document I am unsure about?
You can decline to notarize any document. If you are unsure whether a notarial act is appropriate, it is better to say no than to notarize something that may be improper. You can also contact the Delaware Department of State for guidance on specific situations. Your responsibility is to verify the signer's identity and may support they are signing of their own free will.