Notary and Apostille: What You Should Know

Everyone · Explainer · Updated October 1, 2026 · LearnLife Editorial

What Is a Notary and What Do They Do?

A notary public is a state-appointed official who helps deter fraud by verifying the identity of individuals signing important documents. The notary’s role is to witness the signing, confirm the signer’s willingness and awareness, and then apply an official seal or stamp to the document. This makes the signature legally recognized and harder to dispute. Notaries do not give legal advice or verify the truth of the document’s contents; their task is limited to confirming the signer’s identity and intent.

Documents commonly notarized include affidavits, contracts, powers of attorney, property deeds, and certain government forms. For example, if you are selling a house, your signature on the deed must often be notarized so that the transaction is legally valid. When you visit a notary, you must bring a government-issued photo ID (like a driver’s license or passport) to prove who you are. The notary watches you sign the document and then applies their stamp and signature, often including the date and commission expiration.

Being a notary requires training, passing an exam, and obtaining a commission from the state. Each state sets specific rules about a notary’s duties, fees, and record keeping. If you want to learn more about the official role, see Notary: What It Is and Why It Matters.

What Is an Apostille and How Does It Work?

An apostille is a special certificate that authenticates the signature of a public official on a document, ensuring the document is recognized as valid in foreign countries that are members of the Hague Apostille Convention. This international treaty simplifies the legalization of documents across borders by providing a trusted form of verification.

To explain how it works, imagine you have a U.S. birth certificate that you need to present to a government office in Spain. The Spanish official won’t accept the birth certificate unless it has a recognized certification proving it’s genuine. First, make sure the birth certificate is notarized if required by your state. Then, submit the notarized birth certificate to your state’s Secretary of State or equivalent office, which issues the apostille. The apostille is a separate page or sticker attached to the document, verifying the notary’s signature and seal are authentic.

This process removes the need for further embassy or consulate legalization, saving time and confusion. An apostille confirms the document’s legitimacy internationally, making it easier to use U.S. public documents abroad for things like marriage, study, or work.

Example Scenario

Suppose you earned a college diploma in California and want to teach abroad in France. Your employer requires an apostilled diploma. You would first get the diploma notarized by a local notary public who certifies the signature on the diploma. Next, send the notarized diploma to the California Secretary of State for an apostille. After processing, you receive the diploma with the apostille attached. This document will be accepted by French authorities without further verification.

Why Do Notaries and Apostilles Matter to You?

Notaries and apostilles play a crucial role in protecting you from fraud and ensuring your important documents are accepted where you need them. Notarization confirms your identity when signing contracts or legal papers, which helps prevent forgery or coercion. This is especially important for real estate deals, wills, powers of attorney, and financial agreements.

Apostilles are essential if you plan to use documents internationally, such as marriage certificates, academic transcripts, or business licenses. Without an apostille, foreign governments may reject your documents or require additional steps like embassy legalization, which is more time-consuming and costly.

Understanding these processes helps you avoid delays, legal complications, or disputes. For example, if you are adopting a child internationally, the adoption papers must be apostilled to be recognized by foreign courts. If you get married abroad, your marriage license may need an apostille to ensure your home country honors it.

What Are Common Terms People Confuse with Notary and Apostille?

Several terms related to document verification are often mixed up:

• Notarization: The act of a notary public witnessing a signature and applying their official stamp or seal to a document.
• Authentication: A government authority verifying the signature and seal of a notary public or other official, often a step before issuing an apostille.
• Apostille: A specific type of authentication used internationally under the Hague Convention to certify documents for foreign use.
• Certification: A broader term that can mean confirming that a copy of a document is a true and accurate copy or that the content of a document is genuine. Certification is not the same as notarization.

For example, a notarized document might still require authentication by the state before it can receive an apostille. These steps can be confusing but are important for international document use.

How to Get a Document Notarized?

Getting a document notarized is straightforward if you follow these clear steps:

1. Locate a Notary Public: You can find notaries at banks, law offices, public libraries, or even through mobile notary services that come to you.
2. Prepare Your Document: Bring the unsigned original document that needs notarization.
3. Bring Valid Identification: Acceptable IDs include a government-issued driver’s license, passport, or state ID card.
4. Do Not Sign Beforehand: The notary must witness your signature, so wait to sign until you are in their presence.
5. Sign in Front of the Notary: The notary will watch you sign and ask if you are signing voluntarily and understand the document.
6. Notary Applies Stamp and Signature: After witnessing, the notary adds their official seal or stamp and signs the document, including the date and their commission number.
7. Keep Your Notarized Document Safe: Store it securely as it may be needed for legal or official purposes.

If you are unsure where to find a notary, some states provide online directories. Notaries may charge a small fee per signature or document.

How to Obtain an Apostille?

The apostille process can seem complex but is manageable if you follow these steps:

1. Verify the Need for an Apostille: Confirm that the destination country is a member of the Hague Apostille Convention. If not, another form of legalization may be required.
2. Ensure Your Document Is Eligible: Public documents issued by government agencies, such as birth certificates, court orders, and notarized documents, are usually eligible.
3. Have Your Document Notarized if Required: Some documents must be notarized before applying for an apostille.
4. Identify the Correct State Office: In most U.S. states, the Secretary of State’s office handles apostilles. Some states may have a separate authentication division.
5. Submit the Document with Application and Fee: Send your original or certified copy along with any required forms and payment. Some states accept in-person, mail, or online submissions.
6. Wait for Processing: Processing times vary by state and may take from a few days to several weeks. Expedited services may be available for an extra fee.
7. Receive Your Apostilled Document: The apostille is attached to your document as a separate certificate or sticker.

Keep the apostilled document safe and submit it to the foreign authority requiring it. If unsure about the process, ask the issuing office for detailed instructions.

What Should You Do Next If You Need a Notary or Apostille?

If you have a document that requires notarization or an apostille, start by identifying exactly what certification is needed. Ask the institution or agency requesting the document whether notarization alone suffices or if an apostille is required for international use.

Next, locate a trusted notary through your bank, library, or online directories. Schedule an appointment and bring your document and valid photo ID. After notarization, if you need an apostille, contact your state’s Secretary of State office to learn their submission requirements, forms, fees, and turnaround times.

If the process feels overwhelming or your documents are complex (such as adoption papers, legal contracts, or academic records), consider consulting a lawyer or professional service specializing in notarization and apostilles for guidance.

Remember that each state has its own rules and fees, and foreign countries have varying document acceptance policies. Planning ahead and following exact steps can save you time, money, and frustration.

Frequently asked questions

Can I get a document apostilled without notarization?

Usually, notarization is a prerequisite for an apostille because it verifies the signature on the document. However, some public documents issued by government agencies may not require notarization. Always check your state’s specific rules and the document type.

How long does it take to get an apostille?

Processing times vary widely by state and submission method. Some states offer expedited processing for an additional fee. It can take from a few days to several weeks, so plan accordingly.

What types of documents can be notarized?

Documents commonly notarized include affidavits, legal contracts, powers of attorney, deeds, wills, and official forms requiring signature verification.

Are notaries and apostilles the same across all U.S. states?

No. Each state sets its own laws governing notaries, including their duties, qualifications, and fees. Apostille issuance is usually standardized by the Secretary of State’s office but may have procedural differences.

Can a notary refuse to notarize a document?

Yes. Notaries can refuse if the signer is not present, lacks valid ID, appears to be signing under duress, or if the document is incomplete or illegal.

Will an apostille work in any foreign country?

Apostilles are valid only in countries that are part of the Hague Apostille Convention. For countries not in the convention, other legalization methods through embassies or consulates may be necessary.