Alabama DBA registration happens at the county level, not through a state office. To operate under a name different from your legal one, file a fictitious name certificate with the probate court in the county where your business operates, then publish a legal notice in a local newspaper once a week for four consecutive weeks. Both steps must be complete before the registration is effective, and skipping either one can keep you from opening a business bank account or enforcing contracts in the fictitious name.
Where to File
The Alabama Secretary of State handles trademarks, service marks, and trade name registrations, but it does not maintain a registry for fictitious business names used by sole proprietors and partnerships.1Alabama Secretary of State. Trademarks A “trade name” filed with the Secretary of State and a “fictitious name” filed at the county level are separate registrations that serve different purposes.
For a DBA, your destination is the Probate Judge’s office in the county where your business has its principal place of business. Each county maintains its own records, uses its own version of the application form (commonly called an Application for Registration of a Fictitious Name), and sets its own filing fee. Call the court or check its website first. Some counties accept walk-in filings; others require appointments or mailed submissions.
What Goes on the Certificate
The fictitious name certificate gathers enough information to trace a business name back to a real person. You’ll need:
- The exact fictitious name you want to operate under
- The full legal name and current address of every owner or partner
- A brief description of the business activity
- The physical address of your principal place of business
Most probate courts require the completed certificate to be notarized before you submit it. Some probate offices have a notary on-site, but don’t count on it.
Checking That the Name Is Available
Your fictitious name cannot be identical or deceptively similar to a name already registered with the Alabama Secretary of State. Search the Secretary of State’s business entity database before you file. Adding a different entity designation to the end of an existing name (tacking “LLC” onto a name already used by a corporation, for example) does not make it a distinct name. A name that implies you’re in a business you aren’t licensed to conduct can also be rejected. Calling your company “North Alabama Medical Center” when you don’t operate a medical facility is the kind of choice that draws a problem.
The Newspaper Publication Step
Alabama requires a public notice step that many other states skip. After the probate court accepts your certificate, publish a notice in a newspaper of general circulation in the same county. The newspaper must be printed in English, have general circulation in the county, and have been mailed under publication class mailing privileges for at least 51 weeks a year.2Alabama Legislature. Alabama Code 6-8-60 – Designation of Newspaper for Publication of Notice; Publication Requirements The notice must run once a week for four consecutive weeks.
The published notice needs to include the fictitious name you registered, the full legal name and address of every owner, and the date the certificate was filed with the probate court. Papers that handle legal notices usually have a standard format and can draft the notice for you if you supply the details.
After the fourth publication, the newspaper will give you an affidavit of publication confirming the notice ran as required. Keep it. Banks and other institutions may ask to see it later.
What It Costs
The total breaks into three pieces: the probate court filing fee, the newspaper publication fee, and notarization. Probate court fees vary by county but generally run $10 to $50. Alabama law caps the publication rate at the newspaper’s lowest classified rate for commercial customers.3Alabama Legislature. Alabama Code 6-8-64 – Costs of Publication In practice, four weeks of legal notice publication typically runs between $30 and $100 depending on the paper and the length of your notice. Notarization adds a few dollars. Most filers spend under $150 all in.
LLCs, Corporations, and Out-of-State Businesses
Fictitious name requirements aren’t limited to sole proprietors and partnerships. If an LLC or corporation operates under a name that differs from its legal name registered with the Secretary of State, it may need to file a fictitious name certificate at the county level and complete the newspaper publication process. Reserving or registering an entity name with the Secretary of State does not substitute for the county filing when you’re actually doing business under a different name.
Foreign entities (businesses formed in another state but operating in Alabama) sit in a related but different lane. If a foreign LLC’s legal name doesn’t satisfy Alabama’s naming requirements or is already taken by another Alabama business, the entity can adopt a fictitious name for use in the state. The foreign entity must deliver a certified resolution from its governing authority to the Secretary of State adopting the fictitious name.4Alabama Legislature. Alabama Code 10A-1-7.07 – Entity Name The foreign LLC registration application has a field for a fictitious name when the legal name is unavailable in Alabama.5Alabama Secretary of State. Foreign Limited Liability Company Application for Registration
What a DBA Doesn’t Do
A DBA registration is narrower than many business owners realize. It does not create a separate legal entity. If you’re a sole proprietor who files a fictitious name, you’re still personally liable for the business’s debts and obligations. The DBA is a naming tool, not a liability shield. If you want liability protection, form an LLC or corporation through the Secretary of State’s office.6Alabama Secretary of State. Business Services
A DBA also doesn’t give you exclusive rights to the name. Another business in a different county could file the same fictitious name. For statewide protection, consider registering a trade name with the Secretary of State, which has a five-year effective term.1Alabama Secretary of State. Trademarks
After You File: Tax License and Bank Account
Filing a DBA doesn’t register your business for tax purposes. Alabama requires anyone engaged in business in the state to obtain a business privilege license through the Alabama Department of Revenue.7Alabama Department of Revenue. Business Privilege License You can register your entity with the Department of Revenue online using your federal employer identification number (EIN), business address, and owner information.8Alabama Department of Revenue. Register an Entity A sole proprietor with no employees can generally use a Social Security number instead of an EIN, though EINs are free from the IRS.
To open a business bank account in the fictitious name, most banks will ask to see a certified copy of your filed fictitious name certificate and may also want the affidavit of publication. Bring both, plus a government-issued ID and your EIN letter if you have one. Without the certified filing, banks have no way to verify you’re authorized to transact under that name.
Keeping the Registration Current
Renewal requirements for county-level fictitious name filings vary. Some counties require periodic renewal; others treat the filing as effective until you withdraw it or file an amendment. Contact your probate court directly to confirm whether your filing has an expiration date. (Trade names filed with the Secretary of State are different: they carry a five-year term and must be renewed with an application and fee.1Alabama Secretary of State. Trademarks)
If any of the information on your certificate changes, whether that’s your address, ownership structure, or the nature of your business, file an updated certificate with the probate court. If you stop using the fictitious name entirely, file a withdrawal or cancellation with the probate court to close the record.