What Is an Apostille? How Notary Signing Agents Help

Published September 26, 2024 · Updated May 21, 2026

An apostille (pronounced “ah-po-steel”) is a certificate that authenticates a public document so it can be recognized in another country. If a document needs to be used abroad, a birth certificate for dual citizenship, a diploma for overseas employment, a power of attorney for an international transaction. It likely needs an apostille.

The apostille system was created by the 1961 Hague Apostille Convention, a treaty signed by over 120 countries. Before the convention, documents had to go through a lengthy chain of authentications (notary → county → state → federal embassy). The apostille replaced all of that with a single certificate attached by the designated authority in the issuing country.

Documents That Commonly Need an Apostille

• Vital records: Birth certificates, death certificates, marriage licenses, divorce decrees
• Educational documents: Diplomas, transcripts (for study or work abroad)
• Legal documents: Powers of attorney, court orders, adoption papers
• Business documents: Articles of incorporation, corporate resolutions, trademarks
• FBI background checks: Often required for work visas and residency abroad

Not all documents need an apostille. If the destination country is not a member of the Hague Convention, you need a different process called authentication and legalization (through the U.S. Department of State and the foreign embassy).

How to Get an Apostille

Step 1: Prepare the Document

• Make sure the document is an original or a certified copy (not a photocopy)
• If the document needs notarization (like a power of attorney), have it notarized first by a currently commissioned notary
• Some documents (like vital records) cannot be notarized. They go directly to the issuing authority

Step 2: Submit to the Correct Authority

The authority that issues the apostille depends on the type of document:

• State-issued documents (notarized documents, vital records, court documents): Secretary of State in the state where the document was issued or notarized
• Federal documents (FBI background checks, federal court documents): U.S. Department of State Office of Authentications

Step 3: Pay the Fee and Wait

Most states charge $5–$25 per apostille. Processing times range from same-day (walk-in in some states) to 2–4 weeks by mail. Some states offer expedited service for an additional fee. The U.S. Department of State charges $20 per document and currently processes in approximately 4–6 weeks by mail.

What Signing Agents Need to Know

• You do not issue apostilles. Only the designated competent authority (usually the Secretary of State) can issue an apostille. Your role is to ensure the document is properly notarized so it qualifies.
• Your notarization must be flawless. The Secretary of State verifies your commission, seal, and signature before attaching the apostille. Any error: expired commission, missing seal, wrong venue: will cause rejection.
• Some clients will ask you to “get an apostille.” You can help prepare and notarize the document, but you cannot obtain the apostille yourself unless you operate as an apostille courier service (separate from your notary commission). Be clear about what you can and cannot do.
• Know your state’s process. Some states require notarized documents to first go through the county clerk before the Secretary of State will accept them. Check your state’s specific chain of custody requirements.
• Apostille vs. authentication: If the destination country is not part of the Hague Convention, the client needs authentication + legalization instead. This is a longer process through the U.S. Department of State and the foreign embassy.

Common Mistakes That Get Apostilles Rejected

• Notarizing a vital record. Birth, death, and marriage certificates cannot be notarized. They must be certified copies from the issuing authority. If a client brings you a vital record, direct them to the county recorder or vital records office.
• Expired notary commission. If your commission was valid at the time of notarization but expired before the Secretary of State processes it, most states will still accept it. But if your commission was expired at the time of notarization, the document will be rejected.
• Wrong state. Documents must be apostilled in the state where they were issued or notarized. A document notarized in Arizona cannot get an apostille from the California Secretary of State.
• Photocopies instead of originals. Most states require the original document or a certified copy. Standard photocopies will not work.
• Missing county clerk step. Some states (like New York) require notarized documents to be authenticated by the county clerk before the Secretary of State will issue an apostille. Skipping this step causes rejection.

Related Reading

• Apostille vs Authentication: What’s the Difference?
• How to Start a Loan Signing Agent Business

Frequently Asked Questions

What is the difference between an apostille and a notarization?

A notarization verifies the identity of the signer and their willingness to sign. An apostille verifies the authenticity of the notary’s commission (or the issuing authority’s credentials) so the document can be recognized internationally. They serve different purposes and come from different authorities.

Can a notary issue an apostille?

No. Only the designated competent authority can issue an apostille, in most U.S. states, that is the Secretary of State. Notaries prepare documents for apostille by providing proper notarization, but they do not issue apostilles themselves.

How much does an apostille cost?

State fees range from $5 to $25 per document. Federal apostilles (through the U.S. Department of State) cost $20 per document. If you use a courier or expediting service, expect additional fees of $50–$200 per document.

How long does it take to get an apostille?

Depends on the state and method. Walk-in service can be same-day. By mail, most states process in 1–4 weeks. Federal apostilles through the U.S. Department of State currently take approximately 4–6 weeks.

Does every country accept apostilles?

No. Only countries that are members of the 1961 Hague Apostille Convention accept apostilles. For non-member countries, you need authentication through the U.S. Department of State followed by legalization through the foreign country’s embassy.

Can I notarize a birth certificate for apostille?

No. Vital records (birth, death, marriage certificates) are public records that cannot be notarized. The client must obtain a certified copy from the issuing authority (county recorder, vital records office), which then goes directly to the Secretary of State for apostille.