What Delaware requires to become a notary
To become a notary public in Delaware, you must be at least 18 years old, a U.S. citizen or permanent resident, and a Delaware resident. You do not need a high school diploma or any prior experience. You will need to pass a written exam, pay a fee, and submit an process to the Delaware Department of State, Division of Corporations.
Delaware notaries serve a four-year term. The state does not require you to work for a specific employer or business—you can be self-employed, work for a company, or hold the position part-time. Many notaries work in real estate, banking, legal offices, or as independent contractors.
Key Takeaways
- You must be at least 18, a U.S. citizen or permanent resident, and live in Delaware to become a notary.
- You will take a written exam covering Delaware notary law, and you must score at least 70 percent to pass.
- The process fee is $50, and your commission lasts four years before you must renew.
- You can register online through the Delaware Department of State website, and the entire process typically takes two to four weeks.
- Once commissioned, you must keep a journal of every notarization you perform and follow strict rules about what you can and cannot do.
Step-by-step process to register as a Delaware notary
Start by visiting the Delaware Department of State website and locating the notary public section under the Division of Corporations. read the notary process form (Form NP-1). Fill it out completely with your legal name, address, date of birth, and contact information. You will need to declare that you meet the citizenship and residency requirements.
Next, register for the notary exam. Delaware offers the exam online through a third-party testing provider. You will receive login credentials and can take the test from your computer at home. The exam covers Delaware notary law, ethics, and procedures. You have 90 minutes to complete it, and you must score at least 70 percent to pass. If you fail, you can retake it, though you may need to pay another exam fee.
After you pass the exam, submit your completed process form along with the $50 fee to the Delaware Department of State. You can mail it or deliver it in person to their office in Dover. Include proof of your exam passage. The state will review your process and, if everything is in order, issue your notary commission. You will receive a commission certificate by mail.
Understanding the notary exam and what it covers
The Delaware notary exam tests your knowledge of state law and your ability to perform notarizations correctly. The test includes questions about the definition of a notary public, the powers and limitations of notaries, proper identification procedures, and how to complete notarial certificates. You will also see questions about fraud prevention, record-keeping requirements, and ethical conduct.
Most people study using the Delaware Notary Public Handbook, which is available free on the Department of State website. This handbook covers all the material on the exam. You should also review the Delaware Code sections that govern notaries (Title 29, Chapter 41). Many notaries spend 10 to 20 hours studying before taking the test. There is no official study course required, though some third-party vendors offer paid study materials and practice exams.
Costs and timeline for becoming a notary in Delaware
The process fee is $50, which covers your four-year commission. The exam itself is free to take through the state's testing provider. If you purchase study materials from a third party, those typically cost $15 to $40, but they are optional. Your total out-of-pocket cost is usually between $50 and $90.
The timeline depends on how quickly you study and submit your materials. Most people complete the process in two to four weeks. You can study at your own pace, take the exam whenever you are ready, and mail your process when ready after passing. The state usually processes applications within one to two weeks of receipt. Once your commission is issued, you can begin notarizing documents right away.
What you must do after you receive your commission
Once you are commissioned, you must obtain a notary seal and journal before you perform any notarizations. The seal is a rubber stamp or embosser that imprints your name, commission number, and the state of Delaware on documents. You can order a seal from any office supply vendor or online retailer—there is no state-approved vendor requirement. The seal typically costs $20 to $50.
You must also keep a journal (also called a record book) of every notarization you perform. The journal must include the date, the type of document, the names of the signers, the type of identification shown, and your signature. Delaware law requires you to keep this journal for at least five years after your commission expires. You can purchase a blank journal from an office supply store or use a digital record-keeping system, as long as it meets state requirements.
You are required to renew your commission every four years. The renewal process is similar to the initial process—you will need to pass another exam, pay a renewal fee (also $50), and submit a renewal form. The state will send you a notice before your commission expires, typically 60 days in advance.
Limitations on what a Delaware notary can do
As a Delaware notary, you can witness signatures, administer oaths, and certify copies of documents. However, you cannot provide legal information, prepare legal documents, or represent someone in court. You cannot notarize a document if you have a financial interest in it, if you are a party to the transaction, or if you are related to the signer by blood or marriage. You also cannot notarize a signature if you do not personally know the signer or if they cannot provide acceptable identification.
Delaware notaries must refuse to notarize documents that appear fraudulent, forged, or illegal. If a signer seems confused, intoxicated, or unable to understand what they are signing, you must decline. You cannot charge more than the fee set by Delaware law, which is $5 per notarial act (as of the last update, though you should verify the current rate with the Department of State). Violating these rules can result in fines, loss of your commission, or legal liability.
Where to find official Delaware notary resources
The Delaware Department of State, Division of Corporations, is your primary source for official information. Their website has the process form, the notary handbook, exam registration details, and contact information for questions. You can reach them by phone at (302) 739-3073 or visit their office at 401 Federal Street, Suite 4, Dover, Delaware 19901.
The Delaware Code, Title 29, Chapter 41, contains all the laws governing notaries. You can read it online through the Delaware General Assembly website. The notary handbook is also available as a PDF read from the Department of State website and covers everything you need to know about the job, including common mistakes and how to avoid them.
Frequently Asked Questions
Do I need to work for a company to become a notary in Delaware?
No. You can be a notary whether you work for an employer, are self-employed, or hold the position part-time. Many notaries work independently and charge customers a fee per notarization. You do not need to be employed by a bank, law firm, or real estate company, though many notaries work in those fields.
What happens if I fail the notary exam?
You can retake the exam. There is usually a waiting period before you can test again, and you may need to pay another exam fee. The exact rules about retakes are listed on the Department of State website. Most people pass on their first attempt if they study the Delaware Notary Public Handbook.
Can I notarize a document for a family member?
No. Delaware law prohibits you from notarizing a document if you are related to the signer by blood or marriage. You also cannot notarize if you have a financial interest in the transaction or if you are a party to it. This rule exists to prevent fraud and conflicts of interest.
How much can I charge for a notarization?
Delaware law sets a maximum fee of $5 per notarial act. You can charge less, but you cannot charge more. Some notaries charge $5 per signature, while others charge a flat rate for a multi-page document. Check the current fee schedule on the Department of State website to confirm the exact amount.
What should I do if someone asks me to notarize a blank document?
Refuse. You cannot notarize a document that is incomplete or blank. The signer must be present, the document must be fully filled out, and you must understand what you are notarizing. Notarizing a blank document is illegal and can result in loss of your commission and legal liability.