An Apostille Is Not a Notary—It's a Certificate That Follows a Notarized Document
An apostille is a certificate that authenticates the origin of a public document. It does not replace a notary or perform notary work. Instead, an apostille is added after a document has been notarized (or signed by another official like a judge or clerk). The apostille certifies that the notary's signature, seal, and official capacity are genuine—it vouches for the notary themselves.
Think of it this way: a notary verifies your identity and witnesses your signature. An apostille verifies that the notary who did that work was a real, authorized notary. Apostilles are required when you need a notarized document to be recognized in another country that is part of the Hague Apostille Convention.
You cannot get an apostille without first having a document notarized. The apostille is always the second step, never the first.
Key Takeaways
- An apostille is a government certificate that confirms a notary's signature and seal are authentic, not a notary service itself.
- Apostilles are only needed when you plan to use a notarized document in another country that recognizes the Hague Apostille Convention.
- You must have a document notarized first; the apostille is added afterward by a government office in the same state where the notary worked.
- The office that issues apostilles varies by state—it may be the Secretary of State, county clerk, or court clerk, depending on what type of document you have.
- An apostille does not change the document itself or add new legal weight within the United States.
When You Need an Apostille Instead of Just a Notary
You need an apostille only if you are sending a notarized document to another country. Most countries that accept apostilles are signatories to the Hague Apostille Convention, a 1961 international treaty. If you are using a notarized document only within the United States—for a bank account, real estate transaction, or court filing—you do not need an apostille.
Common situations where an apostille is required include adopting a child internationally, moving abroad and needing to prove your credentials, obtaining a work visa, or registering property in another country. The foreign government or organization receiving your document will tell you if an apostille is needed. If they do not mention it, ask directly before paying for one.
Some countries do not recognize apostilles at all. In those cases, you may need a different form of authentication called a legalization, which involves your document going through your country's embassy or consulate in that nation. This is slower and more expensive than an apostille.
Who Issues Apostilles and Where to Request One
Apostilles are issued by government offices, not by notaries. The office that issues them depends on what type of document you have. For documents notarized by a notary public, the Secretary of State's office in that state usually issues the apostille. For documents signed by a judge, court clerk, or county clerk, the court or county clerk's office issues it.
You can request an apostille in person, by mail, or online, depending on your state. Many states now offer online ordering through their Secretary of State website. Processing times range from same-day (if you go in person) to two to four weeks by mail. Some states charge a small fee, usually between $5 and $20 per apostille.
You do not need to be present when the apostille is issued. You can mail your notarized document to the appropriate office, include a request form and payment, and they will attach the apostille and mail it back to you. The notary who signed the original document does not need to be involved in this process.
What an Apostille Actually Says and Does
An apostille is a one-page certificate printed on official government letterhead. It states the name of the notary, the date the document was notarized, the notary's commission number, and confirms that the notary's signature and seal on the original document are authentic. It does not verify the contents of the document itself—only that the notary was real and authorized to notarize on that date.
The apostille is physically attached to the notarized document or placed when ready after it. Some countries require it to be attached with a ribbon or seal; others accept it stapled or paper-clipped. Check with the organization receiving the document to learn their preference before you send it.
An apostille has no expiration date. Once issued, it remains valid indefinitely, even if the notary's commission expires. However, the document it certifies may have its own validity period depending on what it is used for—a power of attorney, for example, may expire after a set number of years regardless of the apostille.
How to Request an Apostille From Your State
Start by identifying which office in your state issues apostilles for your type of document. If a notary public notarized it, contact your state's Secretary of State office. If a court official signed it, contact the court clerk's office in the county where it was signed. Most state websites have a dedicated page for apostille requests with forms and instructions.
Gather the original notarized document or a certified copy. Some states accept photocopies; others require the original or a copy certified by the court. Include a completed apostille request form (available on the state website), payment if there is a fee, and a return address. If you are mailing it, include a self-addressed, stamped envelope or provide an email address for delivery.
Submit your request by mail, in person, or online depending on what your state offers. Online ordering is fastest—you can often upload a scan of your document and receive the apostille by email within days. In-person requests at the office may be processed the same day. Mail requests typically take one to three weeks.
Common Mistakes When Ordering an Apostille
The most common mistake is ordering an apostille before the document is notarized. You cannot get an apostille for a blank document or one that has not yet been signed by a notary. Make sure the notarization is complete and the notary has already signed and sealed the document.
Another mistake is ordering from the wrong office. If you send an apostille request to your state's Secretary of State but the document was signed by a judge, the office will reject it and send it back. Always confirm which office issued the notary's commission or which court signed the document before you submit your request.
A third mistake is not checking the foreign country's requirements before ordering. Some countries require the apostille to be attached in a specific way, or they may not recognize apostilles at all. Contact the organization or government agency in the receiving country first to confirm what they need and how it should be formatted.
Apostille vs. Notary: The Key Differences
| Aspect | Notary | Apostille |
|---|---|---|
| What it does | Verifies your identity and witnesses your signature | Certifies that the notary's signature and seal are authentic |
| Who provides it | A notary public (private individual with state commission) | A government office (Secretary of State, court clerk, or county clerk) |
| When you need it | When a document requires official witnessing | Only when using a notarized document in another country |
| Order of steps | First—the notary signs the document | Second—added after notarization is complete |
| Cost | Usually $5 to $15 per signature | Usually $5 to $20 per apostille |
| Validity in the U.S. | Recognized nationwide | Not needed; only for international use |
Frequently Asked Questions
Can a notary add an apostille to a document?
No. Notaries cannot issue apostilles. Only government offices can. After a notary completes their work, you must send the document to the appropriate government office to request the apostille. The notary's role ends once they sign and seal the document.
Do I need an apostille if I am using a notarized document in another U.S. state?
No. Apostilles are only for documents being used in foreign countries. If you are using a notarized document in another U.S. state, the notarization alone is sufficient. All U.S. states recognize notarizations from other states without an apostille.
How long does it take to get an apostille?
It depends on how you request it. In-person requests at the government office are often processed the same day. Online requests typically take three to seven business days. Mail requests usually take one to three weeks. Check your state's website for current processing times, as they vary.
What if I lose the apostille after I receive it?
You can request a replacement apostille from the same government office. Keep the request straightforward—provide the original document or a copy and ask for a duplicate apostille. Processing is usually faster for replacements since the office has already issued one. There may be a small additional fee.
Can I use a photocopy of an apostille, or does it have to be the original?
This depends on the country or organization receiving the document. Some accept photocopies or scans; others require the original apostille attached to the original document. Contact the receiving organization before you submit anything to learn their specific requirements.