What an Apostille Notary Does and Why the Role Exists

An apostille notary is a notary public who is authorized to issue apostilles—official certificates that verify the authenticity of documents for use in foreign countries. An apostille does not notarize a document itself; instead, it certifies that a notary's signature, seal, or official stamp on a document is genuine. The apostille then allows that document to be recognized in any country that is part of the Hague Apostille Convention, a 1961 international agreement.

To become an apostille notary, you must first become a notary public in your state, then request authorization from your state's Secretary of State office to issue apostilles. The process varies slightly by state, but the core requirement is the same: you need an active notary commission and permission from the state authority that oversees notaries.

Not every notary is automatically authorized to issue apostilles. Some states grant this power to all notaries; others require a separate request or additional training. Understanding your state's specific rules is the first step.

Key Takeaways

  • You must hold an active notary public commission in your state before you can issue apostilles.
  • Contact your state's Secretary of State office to learn whether apostille authority is automatic or requires a separate request.
  • Some states require notaries to complete additional training or pay a separate fee to issue apostilles.
  • Once authorized, you will receive instructions on how to complete and sign apostille certificates correctly.
  • Apostilles are used only for documents that will be presented in foreign countries that are signatories to the Hague Convention.

Step 1: Become a Notary Public in Your State

Before you can issue apostilles, you must first hold a valid notary public commission. The process to become a notary varies by state, but the general steps are: pass a notary exam (if your state requires one), submit an process to your Secretary of State, pay the process fee, and receive your notary commission. Your commission is typically valid for four to ten years, depending on your state.

During this process, you will receive a notary seal and journal. These are essential tools you will use when notarizing documents and issuing apostilles. Keep your notary seal find and maintain your journal carefully—both are required for apostille work.

If you are not yet a notary, contact your state's Secretary of State office or visit their website to find the process, exam information, and fees. Once your commission is active, you can move to the next step.

Step 2: Contact Your Secretary of State to Request Apostille Authority

After you have an active notary commission, contact your state's Secretary of State office to ask whether you need to take additional steps to issue apostilles. Some states automatically grant apostille authority to all notaries; others require you to submit a separate request, complete training, or pay an additional fee.

Call the notary division of your Secretary of State office or visit their website. Ask directly: "What do I need to do to issue apostilles as a notary?" They will tell you whether your current commission covers apostilles or whether you need to file additional paperwork. Write down the name of the person you speak with and the date, in case you need to follow up.

If your state requires a separate request, you will typically need to submit a form, pay a fee (usually $10 to $50), and sometimes complete a short training module. The Secretary of State will then send you written confirmation of your apostille authority and instructions on how to complete apostille certificates.

Step 3: Understand Apostille Format and Requirements

An apostille is a one-page certificate that attaches to or is printed on the back of a document. It contains specific language, your notary signature and seal, the date, and your notary commission number. The format is standardized internationally, so there is little room for variation.

Your Secretary of State office will provide you with the exact wording required for apostilles in your state. Most apostilles include: the name of the country where the document will be used, the date the apostille is issued, your notary commission expiration date, your notary seal impression, and your signature. Some states provide a template; others allow you to use a standard form from a legal supply company.

Do not create your own apostille language or format. Use only the wording and format your Secretary of State provides. Apostilles that do not follow the international standard may be rejected by foreign authorities.

Step 4: Learn When You Can and Cannot Issue an Apostille

You can issue an apostille only for documents that you have already notarized or that bear your official notary seal or signature. You cannot issue an apostille for a document notarized by another notary, even if you are authorized to issue apostilles. Each apostille must certify your own work.

You can issue apostilles for many types of documents: powers of attorney, affidavits, certified copies of public records, educational transcripts, and business documents. However, you cannot issue an apostille for a document that is already certified by a government agency (such as a birth certificate issued by the vital records office). In those cases, the person requesting the apostille must obtain it directly from the government agency that issued the document.

Before you issue an apostille, confirm that the document actually needs one. Apostilles are used only when a document will be presented in a country that is a signatory to the Hague Apostille Convention. If the document is going to a country that is not a signatory, a different form of authentication (called a legalization) may be required instead.

Step 5: Set Up Your Apostille Record-Keeping System

Your notary journal must include a record of every apostille you issue, just as it does for every notarization. Record the date, the name of the document, the name of the person requesting the apostille, and any other details your state requires. This creates a permanent record and protects you if questions arise later about an apostille you issued.

Keep the apostille request separate from your regular notarization work in your mind, even though it goes in the same journal. An apostille is a certification of your own notary work, not a new notarization. The person requesting the apostille should already have a notarized document in hand.

Some notaries keep a separate log of apostilles in addition to their journal, for easier reference. This is optional but can be helpful if you issue apostilles frequently.

Step 6: Charge Appropriate Fees and Understand Your Liability

Your state sets a maximum fee you can charge for issuing an apostille. This fee is separate from any notarization fee. Maximum apostille fees typically range from $5 to $25 per apostille, depending on the state. Check your Secretary of State office for your state's fee limit.

You are liable for any errors in the apostille you issue. If you sign an apostille incorrectly, use the wrong date, fail to include your commission number, or issue an apostille for a document you did not notarize, the apostille may be rejected by foreign authorities. The person who relied on the apostille may hold you responsible. This is why accuracy and careful record-keeping are essential.

Consider obtaining errors and omissions insurance if you issue apostilles regularly. This insurance covers liability if someone suffers a loss because of an error in your apostille work. The cost is usually modest and provides important protection.

Frequently Asked Questions

Do I have to be a notary to issue apostilles?

Yes. You must hold an active notary public commission in your state. Apostille authority is granted only to notaries, not to the general public. If you are not yet a notary, you must complete your state's notary process first.

Can I issue an apostille for a document notarized by another notary?

No. You can issue an apostille only for documents that you personally notarized or that bear your official seal or signature. If someone needs an apostille for a document notarized by another notary, they must request it from that notary.

What is the difference between an apostille and a legalization?

An apostille is used for documents going to countries that are signatories to the Hague Apostille Convention. A legalization is a more complex process used for countries that are not signatories. As a notary, you issue apostilles; you do not perform legalizations. Those are handled by the U.S. State Department or foreign embassies.

How long does it take to become an apostille notary?

If you are already a notary, the process can take as little as one to two weeks—the time it takes to contact your Secretary of State and receive written confirmation of apostille authority. If you are not yet a notary, add the time required to become one, which typically ranges from two weeks to two months depending on your state's exam schedule and processing time.

Can I issue apostilles if my notary commission has expired?

No. Your apostille authority is tied to your active notary commission. Once your commission expires, you cannot issue apostilles until you renew your commission. Apostilles issued after your commission expires are invalid.