You have a document that needs an apostille, and you are standing in front of a notary public, asking, "Can you just stamp this with the apostille so I can be done?" The notary looks at you, shakes their head, and explains that they cannot. This is one of the most persistent misunderstandings in the document authentication world. The short answer is no — a notary public does not have the authority to issue an apostille. However, that does not mean a notary is irrelevant to the process. In fact, for many documents, a notary is a critical first step. This guide explains exactly what a notary can and cannot do, where they fit into the apostille chain, and how to avoid the costly mistake of confusing these two distinct roles.
Key rule: A notary public can notarize a document — verifying the identity of the signer and witnessing their signature. The apostille is a separate, government-issued certification that confirms the notary's authority and the authenticity of their seal. Only the Secretary of State (for state documents) or the U.S. Department of State (for federal documents) can issue an apostille. The notary is a step in the process, never the final authority.
What a Notary Public Can and Cannot Do
A notary public is a state-commissioned official whose primary role is to prevent fraud by verifying the identity of individuals signing documents, ensuring they are signing willingly, and affixing an official seal and signature to the document. That is the extent of their power. A notary does not authenticate the content of the document; they only certify that the signature on the document is genuine.
When a document is notarized, the notary creates a public record of the notarization and adds their official stamp. This stamp is what the apostille issuing authority — the Secretary of State — relies on to verify the notary's commission. The Secretary of State checks whether the notary's commission is valid and whether the signature matches the one on file. Once that verification is complete, the Secretary of State issues the apostille, which confirms the notary's authority.
What a notary cannot do: issue an apostille, authenticate the underlying facts of the document, certify that the document is legally valid in any country, or replace the Secretary of State's authentication process. A notary's stamp is a prerequisite for many private documents, but it is never the final certification for international use.
💡 Pro Tip: If you are preparing a document that needs an apostille and it requires notarization, ensure the notary uses a stamp that is legible and includes their commission number and expiration date. Illegible or missing notary information is a common cause of apostille rejection.
When Does a Notary Enter the Apostille Process?
The notary's involvement depends entirely on the type of document you are apostilling. Public records — such as birth certificates, marriage licenses, divorce decrees, and death certificates — are issued by government officials and typically do not require notarization. These documents already bear the signature and seal of a state registrar or court clerk, which the Secretary of State can authenticate directly. You can send them straight to the Secretary of State without ever seeing a notary.
Private documents — powers of attorney, affidavits, contracts, certified copies of passports, and sworn statements — do require notarization. For these documents, the notary is the first step. You must have the document signed in the presence of a notary, who then affixes their official seal. After notarization, the document moves to the county clerk for certification (if required by state law) and then to the Secretary of State for the apostille.
If the document is a federal document (FBI background check, naturalization certificate), the notary is typically not involved at all. These documents are issued by federal agencies with their own signature and seal, and they go directly to the U.S. Department of State for authentication and apostille.
| Document Type | Notary Required? | Next Step After Notary |
|---|---|---|
| Birth certificate (state-issued) | No | Direct to Secretary of State |
| Marriage license (state-issued) | No | Direct to Secretary of State |
| Power of attorney (private) | Yes | County clerk (if required) → Secretary of State |
| Affidavit (private) | Yes | County clerk (if required) → Secretary of State |
| FBI background check (federal) | No | Direct to U.S. Department of State |
| Certified copy of passport (private) | Yes (by U.S. consular notary) | Secretary of State (state where notary commissioned) |
In some U.S. states, the notary's role is even more direct. For example, in Connecticut, the Secretary of State accepts notarized documents and issues apostilles without requiring county clerk certification. In New York, however, the notary's signature must first be certified by the county clerk in the county where the notary is commissioned before the Department of State will issue the apostille.
How to Get an Apostille After Notarization
Once your document is properly notarized, the next steps follow a clear path. Here is the typical workflow for private documents:
- Notarize the document: Have the signer appear before the notary, present valid identification, sign the document, and have the notary affix their official seal and signature.
- Verify the notary's commission: Ensure the notary's commission is valid and has not expired. The county clerk or Secretary of State will check this.
- Obtain county clerk certification (if required): In states like New York, Kentucky, Maryland, Tennessee, and Hawaii, you must take the notarized document to the county clerk's office. The county clerk will certify that the notary's signature is genuine and issue a separate certificate.
- Submit to the Secretary of State: Send the notarized document (and county clerk certification, if required) to the Secretary of State of the state where the notarization took place. Include the completed request form, the applicable fee, and a prepaid return envelope.
- Receive the apostille: The Secretary of State verifies the notary's commission, attaches the apostille certificate to your document, and returns it to you.
If the notarization was performed by a U.S. embassy or consulate abroad (for example, on a certified copy of a passport), the notary is a federal official. The document must then be apostilled by the U.S. Department of State, not by any state office, because the notary's commission is federal. This is a common point of confusion — the location of the notarization determines the issuing authority for the apostille.
⚠️ Important: If the notary's commission has expired at the time of notarization, the document is invalid for apostille purposes. The notary's signature must be valid on the date the document was signed. Always check the notary's expiration date before proceeding.
Common Misunderstandings About Notaries and Apostilles
The confusion between notaries and apostilles leads to frequent errors and delays. Here are the most common misconceptions:
- "A notary can issue an apostille." This is the most frequent error. A notary has no authority to issue an apostille. They can only notarize documents. The apostille is a state or federal government certification.
- "A notarized document is automatically valid abroad." Notarization only verifies the signature. It does not provide international recognition. An apostille is the additional certification that confirms the notary's authority to foreign governments.
- "Any notary can notarize any document for apostille." The notary must be commissioned in the state where the notarization takes place. If you are in Texas, you need a Texas notary. A notary from another state cannot notarize documents for use in Texas because their commission is not recognized by the Texas Secretary of State.
- "A notarized copy of a passport can be apostilled by the state where the notary lives." This is only partially correct. If the notary is a state-commissioned notary, the document goes to that state's Secretary of State. However, if the notarization was performed at a U.S. embassy or consulate abroad, it is a federal notarization, and the document must go to the U.S. Department of State.
- "The notary should attach the apostille." No — the notary's job ends after notarization. The apostille is attached by the Secretary of State or the U.S. Department of State, not by the notary.
These misunderstandings often stem from the fact that both notaries and apostille-issuing authorities deal with signatures and seals. However, the notary attests to the signer's identity, while the apostille attests to the notary's authority. They are two links in a chain, not the same link.
When a Notary's Role Ends and the State Takes Over
After the notary has completed their notarial act, the document enters the administrative authentication phase. The county clerk (if required) and the Secretary of State are government offices that maintain records of notary commissions. They verify the notary's commission number, signature, and expiration date against their official database.
This is also the point where the destination country becomes relevant. The Secretary of State's apostille certificate will indicate the destination country where the document is intended for use. The notary does not need to know the destination country; that information is handled at the state level.
If you are using a commercial apostille service, they may coordinate with a local notary to ensure the notarization is properly executed and then handle all subsequent steps. In this case, you still need to interact with the notary, but the service manages the state-level submission for you.
As of 2026, some states have begun offering remote online notarization (RON), where a notary witnesses your signature via video conference. RON is accepted in many states, but it is not universally accepted for apostille purposes. You must verify whether the destination country and the specific state office accept RON-notarized documents. The Secretary of State typically requires that the notary be physically in the same state where the apostille will be issued, and RON often involves notaries who may be in different states. Check your state's specific RON rules before proceeding.
💡 Pro Tip: If you are using a mobile notary who travels to your location, ask them to bring their official journal or proof of commission. While not required for the apostille, it helps you verify that their commission is active and properly recorded with the county clerk.
Frequently Asked Questions
Q: Can a notary public issue an apostille?
A: No. A notary public only notarizes signatures. Only the Secretary of State (for state documents) or the U.S. Department of State (for federal documents) can issue an apostille. The notary is a prerequisite step for some documents, but never the final certifying authority.
Q: Do all documents need notarization before getting an apostille?
A: No. Public records like birth, marriage, and death certificates are issued by government officials and do not require notarization. You can send them directly to the Secretary of State. Private documents like powers of attorney, affidavits, and contracts do require notarization before the apostille process can begin.
Q: What happens if my notary's commission expires before I submit the document for an apostille?
A: The apostille-issuing office checks the notary's commission status at the time of notarization. If the notary's commission was valid on the date of notarization, the document is eligible. It does not matter if the commission expires later. However, if the notary's commission had already expired on the notarization date, the document is invalid.
Q: Can a notary notarize a document in one state, and then I submit it for an apostille in another state?
A: No. The document must be apostilled by the Secretary of State in the state where the notarization occurred (if a state-commissioned notary) or by the U.S. Department of State (if a federal notary). You cannot notarize in California and then send to Texas for the apostille — the Texas SOS cannot verify a California notary's commission.
Q: Can a U.S. embassy notary perform a notarization that can be apostilled by a state?
A: No. A U.S. embassy or consulate notary is a federal official. Notarizations performed by them are federal notarizations, and the document must be apostilled by the U.S. Department of State, not by any state. If the notarization is performed by a state-commissioned notary, it goes to the state SOS.
Q: Do I need to get the notarization before or after I apply for the apostille?
A: You must obtain the notarization before you submit to the Secretary of State. The Secretary of State will not accept a document that requires notarization but lacks it. The notarization is a precondition for the apostille.