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Can Any Notary Do an Apostille? What You Need to Know
Table of Contents
- Why a Notary Public Cannot Issue an Apostille
- Notarized Document vs Apostille: What's the Difference?
- The Secretary of State Apostille Process, Step by Step
- Apostille Processing Time: What Slows It Down
- Which Documents Qualify for an Apostille?
- Hague Convention vs Non-Hague Countries: Why the Destination Matters
- How Third-Party Services Help When You Can't Do It Yourself
- Common Reasons an Apostille Gets Rejected (And How to Fix It)
- Frequently Asked Questions
Last Updated: October 2, 2026
Why a Notary Public Cannot Issue an Apostille
Can any notary do an apostille? No. A notary public can only verify signatures and administer oaths. The authority to issue an apostille belongs to the Secretary of State in most states, or to the U.S. Department of State for federal documents.
What a Notary Public Is Actually Authorized to Do
A notary public is a state-appointed official who witnesses and confirms certain acts. Their power is narrow and specific. A notary can:
- Administer oaths and affirmations
- Take acknowledgments
- Witness or attest signatures
- Certify copies in some states
Who Really Has the Authority to Issue an Apostille
The Secretary of State in the state where the document was issued handles most apostilles. That's the state agency with real authority here.
So the chain looks like this:
- The document gets notarized (if required)
- The state or federal agency issues the apostille
- The document is ready for international use
Notarized Document vs Apostille: What's the Difference?
A notarized document and an apostilled document serve completely different purposes. Notarization proves a signature is genuine. An apostille proves the notary's or official's signature is genuine for use in another country.
| Feature | Notarization | Apostille |
|---|---|---|
| Who issues it | Notary public | Secretary of State or U.S. Dept. of State |
| What it proves | Signer's identity and signature | Official's signature and seal |
| Where it's valid | Within the U.S. | In Hague Convention countries |
| Typical use | Contracts, deeds, affidavits | Foreign adoption, work visas, overseas business |
When You Need Both a Notarization and an Apostille
Many documents need both steps, in order. A power of attorney for overseas property, for example, usually needs a notarial act first, then an apostille on top.
The Secretary of State Apostille Process, Step by Step
The Secretary of State apostille process follows a set path. Skip a step, and your paperwork comes back rejected.
Here's how it works:
- Confirm the document type. Is it a state document or a federal one? This decides which office handles it. State-issued documents (birth certificates, marriage licenses, court records, notarized affidavits) go to the Secretary of State in the state where the document originated. Federal documents (FBI background checks, IRS forms, military records) go to the U.S. Department of State Office of Authentications.
- Get it notarized if needed. Some documents, like certified vital records, already carry an official signature and don't need a notary. Others, like a power of attorney or a single-status affidavit, must be notarized first. The notary's commission must be current at the time of the notarial act.
- Check the submission requirements. Each state agency has its own rules. Common requirements include a completed request form (many states publish one on the Secretary of State website), a self-addressed stamped envelope for mail-in returns, and payment by check, money order, or in some states a credit card. Personal checks are rejected by some offices. Confirm the exact payment method before you mail anything.
- Submit the document. You can go in person or mail it in. Some states also accept drop boxes or offer online scheduling for in-person appointments. A few states let you submit through a county clerk as an intermediary.
- Wait for processing. Turnaround varies by state and by how busy the office is. Routine mail-in processing often runs several business days to a few weeks. In-person counter service is usually same-day or next-day in states that offer it.
- Receive your apostilled document. Review it to confirm the seal, the certificate number, and the date are correct. The apostille is typically attached as a separate page or stamped directly on the document, depending on the state.
In-Person vs Mail-In Submission: Which Fits Your Timeline?
In-person submission is faster if you're near the state agency. You can often walk out the same day. Mail-in is easier if you're far away, but you lose control over timing.
Apostille Processing Time: What Slows It Down
What slows things down most:
- Missing or expired notary commissions
- Documents that need a certified copy first
- Incorrect fees or payment methods
- Peak season backlogs at the state office
Expedited processing exists in many states, but it usually costs more. If you're on a deadline, it's often worth it.
Which Documents Qualify for an Apostille?
Public documents qualify for an apostille. That includes birth certificates, marriage licenses, death certificates, court records, and notarized affidavits.
Hague Convention vs Non-Hague Countries: Why the Destination Matters
The destination country decides which process you need. Hague Convention countries accept an apostille. Non-Hague countries usually require consular legalization instead.
How Third-Party Services Help When You Can't Do It Yourself
Third-party apostille services handle the running around for you. They review documents, catch errors, and submit on your behalf. Most government sites don't explain how to vet these services, which is exactly where users get burned.
How to Vet a Third-Party Apostille Service
Not all services are equal. Before you hand over original documents, check these things:
- Do they disclose the state fee separately from their service fee? A transparent provider breaks out the government fee (which varies by state) from their own handling charge. A bundled, all-in price with no breakdown is a red flag.
- Do they return your original documents? Some documents, like a birth certificate or a diploma, can be hard to replace. Confirm in writing that originals come back.
- Do they name the states they serve? Apostille rules are state-specific. A provider that claims to handle "all 50 states" should be able to explain how they manage each state's unique form, fee, and payment requirements.
- Do they explain the Hague vs non-Hague distinction? If your destination is a non-Hague country, an apostille alone won't work. A competent service will ask where the document is going before quoting anything.
- Do they have a physical address and a reachable phone number? Mail-forwarding addresses and chat-only support make it hard to resolve problems if a submission is rejected.
- What's their policy if the state rejects the document? Ask who pays the second state fee. The answer tells you how confident they are in their own review process.
What a Good Service Actually Does
A reputable provider reviews the document before submission, confirms the notary's commission is current, checks that the document type matches the destination country's requirements, and submits to the correct office. They also track the submission and notify you when the apostilled document ships back.
Common Reasons an Apostille Gets Rejected (And How to Fix It)
Rejections usually come down to small errors. The good news: most are fixable.
| Problem | Why It Happens | How to Fix It |
|---|---|---|
| Expired notary commission | Notary's term lapsed | Re-notarize with a current notary |
| Missing official seal | Document wasn't properly certified | Get a certified copy from the issuer |
| Wrong submission office | State vs federal mix-up | Confirm which agency handles it |
| Incorrect fee | Agency updated its rate | Verify the current fee first |
| Photocopy instead of original | Vital records need certified copies | Request a certified copy |
Frequently Asked Questions
Can a notary public issue an apostille?
No. A notary public can perform a notarial act, such as witnessing a signature or certifying a copy, but only a designated state authority, usually the Secretary of State, can issue an apostille certificate. The notary's role is often a required first step, not the final one. If someone offers to 'notarize an apostille,' they are either misunderstanding the process or using loose language. Always confirm that the document will be sent to the correct state agency for the apostille itself.
Do documents need to be notarized before they are apostilled?
It depends on the document. Public documents, such as birth certificates, marriage licenses, and court records, are typically certified by the issuing agency and do not need a separate notarization before an apostille. Private documents, like a power of attorney or a consent letter, often must be notarized first. The notary's certificate is then authenticated by the state. Check the specific requirements of the Secretary of State office that will process your apostille, because rules vary by state and document type.
What is the fastest way to get an apostille?
The fastest route is usually to submit your documents in person at the Secretary of State's office that handles apostilles, if they offer same-day or expedited counter service. Mail-in requests take longer because of shipping and queue time. Some states also offer expedited processing for an additional fee. If you cannot go in person, a courier or third-party apostille service can hand-deliver your paperwork and track it, which often saves days compared to standard mail.
Can I get an apostille for a document from another state?
Generally, no. An apostille must be issued by the state that certified or issued the underlying document. For example, a birth certificate from Nevada needs a Nevada apostille, even if you now live elsewhere. Some states allow you to mail documents in from out of state, but the processing still happens in the originating state. If you have documents from multiple states, you will need to request an apostille from each one separately.
Navigating apostille rules can feel like a maze of state offices and shifting requirements. Premier Multiservices makes it simple with in-office notary and document authentication, bilingual support in English and Spanish, and clear guidance through every step. Our team handles the details so your documents move forward without the guesswork. Book an appointment with Premier Multiservices and get your apostille handled right the first time.