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Apostille Notary Difference

Apostille vs. Notary: Understanding the Key Differences for Document Validation

Dec 17, 2022

Nancy Rivera

Apostille and Legalization Services Manager at One Source Process, with over a decade of experience in international document authentication.

When preparing documents for international use, people often ask: Is there a difference between a notary and an apostille? The answer is yes — and it’s an important one. These are two distinct processes, and understanding the difference ensures that your documents are accepted in the country where you intend to use them.

Some people refer to the process as an “apostille notary,” but that term combines two separate steps: notarization and apostille certification. Let’s break down the difference and clarify when each is needed.

Introduction: Why the Distinction Matters

Confusing a notary with an apostille can lead to rejected documents, missed deadlines, and extra fees. Many people assume a notary stamp makes a document ready for use anywhere, but notarization usually only confirms the signing process. If the document must be presented to a foreign authority, it may also need an apostille or another form of authentication.

The same is true in reverse: not every document can go straight to an apostille office without the right preparation. Some documents require notarization first, while certified public records often follow a different route. Checking the correct route early helps you avoid unnecessary back-and-forth with courts, government agencies, or foreign authorities.

What Does a Notary Do?

A notary public is a licensed professional who verifies the identity of the person signing a document. They check a government-issued ID and ensure the person is signing willingly and understands what they’re signing. Once this is done, the document may be considered duly notarized if all state requirements are met. Not every document needs that step, but many will not hold up without it.

Common Documents That Require Notarization

Many legal and personal documents may need notarization before they are accepted by courts, agencies, businesses, or foreign authorities. Examples include:

  • Power of attorney forms. These documents allow someone else to manage financial, legal, or medical decisions on your behalf.
  • Sworn affidavits. These are written statements made under oath and may be used in court proceedings or official claims.
  • Real estate documents. Deeds, mortgages, and some lease agreements may require notarized signatures for recording or legal use.
  • Parental consent letters. These letters may be needed when a minor travels with one parent, another adult, or without both parents.
  • Living wills and advance directives. These documents outline your medical preferences if you cannot communicate them yourself.

What Is an Apostille?

An apostille is a certificate that authenticates the signature, seal, or official capacity on a public document so it can be presented in another country that is part of the Hague Apostille Convention. It does not verify the content of the document itself. In the United States, apostilles are issued by the Secretary of State for state-level documents or by the U.S. Department of State for federal documents.

Common Documents That Require an Apostille

A document that is valid in the United States may still need an apostille before it can be accepted by a foreign authority. The documents most commonly prepared for apostille include:

  • Birth and death certificates. Foreign authorities may request them for marriage abroad, inheritance claims, dual citizenship, or immigration procedures.
  • Marriage and divorce decrees. These records often support remarriage overseas, family law matters, or other international legal procedures.
  • Diplomas and academic transcripts. Schools, employers, and licensing bodies abroad may request apostilled academic records for admission, work visas, or professional licensing.
  • FBI background checks. Many countries request apostilled FBI background checks for residency, adoption, immigration, or long-term work permits.
  • Power of attorney forms. A power of attorney may need an apostille when someone is authorized to handle financial, legal, or property matters in another country.
  • Business incorporation documents. Companies may need apostilled corporate records to open foreign branches, sign international contracts, register trademarks, or complete cross-border transactions.

Apostille vs. Notary: Side-by-Side Comparison

Here is a quick comparison to help you see the practical differences at a glance:

FeatureNotaryApostille
What it doesVerifies identity, witnesses signatures, applies an official sealAuthenticates a signature, seal, or official capacity
Who issues itState-commissioned notary publicSecretary of State (for state documents) or U.S. Department of State (for federal documents)
Where it worksMainly for domestic useHague Convention countries
When you need itFor domestic legal agreements, court affidavits, real estate closings, or as the first step before an apostilleWhen a foreign country requires proof that your U.S. document is genuine
Validity periodUsually does not expire on its ownDoes not expire, but recent documents may be required
Typical costVaries by state and signatureVaries by state, document type, and service
Turnaround timeOften same day for simple notarizationsSeveral business days to several weeks, depending on the issuing authority, processing method, and delivery time

Which One Do You Need?

The easiest way to decide is to look at the document’s final destination. The examples below show when notarization is usually enough and when apostille authentication may be required.

Use Cases for Domestic Documents (Notary)

Legal papers used within the United States often need a notarized signature rather than an apostille. Common situations include:

  • Signing a mortgage or property deed. Lenders and county recorders may require notarization to help prevent fraud.
  • Granting power of attorney to a family member. Banks, hospitals, or other institutions may ask for notarized authorization before accepting the document.
  • Submitting a sworn affidavit in court. A notary stamp can help confirm that the statement was signed under oath.
  • Authorizing a parent to travel with a child. Schools, medical facilities, or travel providers may request a notarized consent letter for trips or temporary care arrangements within the United States.
  • Finalizing a living will or advance directive. Medical facilities may request notarized signatures before relying on end-of-life instructions.

Apostille vs. Notary

Use Cases for International Documents (Apostille)

When a U.S. document is prepared for use abroad, a notary stamp alone may not be enough. Foreign authorities often require an apostille to confirm the document’s signature, seal, or issuing authority. Typical examples include:

  • Getting married in another country. A foreign registry may ask for an apostilled birth certificate, single status affidavit, or affidavit of eligibility.
  • Submitting a diploma for a work visa. Employers, licensing bodies, or immigration authorities abroad may request apostilled academic records.
  • Adopting a child internationally. Foreign courts or agencies may require apostilled birth certificates, marriage certificates, home studies, or related documents.
  • Registering a business abroad. Foreign agencies may ask for apostilled incorporation documents before accepting company records.
  • Claiming an inheritance from a foreign estate. Banks, probate courts, or foreign authorities may request apostilled death certificates, family records, or supporting documents.

Do You Ever Need Both?

Yes. In many cases, a document must be notarized first and then apostilled. For example, if you’re moving abroad for work and need to present your university diploma, it must first be notarized by the registrar’s office and then submitted for an apostille by the appropriate state authority.

This dual step applies to various documents, including sworn statements, letters of consent for child travel, and single status affidavits used for marriage abroad. 

How to Get Your Documents Ready

Once you know which process applies, the next stage is preparation. The steps below show what to check before meeting a notary and what to prepare before requesting an apostille.

Steps to Get a Document Notarized

Notarization is usually a straightforward process when the document is complete and the signer has valid identification. Here is what to do:

  • Locate a notary public. Banks, shipping stores, law offices, and mobile notaries often offer the service.
  • Bring valid identification. A driver’s license, passport, or other accepted ID helps the notary verify your identity.
  • Do not sign beforehand. In most cases, you should sign the document only after you are in the notary’s presence.
  • Pay the required fee. Notary fees vary by state, document type, and number of signatures.
  • Receive the stamped document. The notary applies a seal or stamp and may record the act in a journal, depending on state requirements.

For simple documents, notarization can often be completed quickly. Keep the notarized original safe, especially if it may later need an apostille.

How to Get an Apostille (And Why It’s Complicated)

Getting an apostille on your own can take more time because you must identify the correct authority and follow that office’s rules. Processing times vary, and small mistakes can cause delays or rejections. The basic steps include:

  • Confirm the document type. State-issued documents, such as birth certificates, marriage certificates, and some school records, usually go to the Secretary of State. Federal documents, such as FBI background checks, go to the U.S. Department of State.
  • Get notarization first if required. Some documents need a notary’s signature and seal before an apostille can be attached.
  • Obtain certified copies when needed. Some offices reject standard photocopies and require certified versions issued by the appropriate record holder, such as a county clerk, state agency, or school official.
  • Submit the correct forms and fees. Each office may have its own application, payment rules, and mailing instructions.
  • Wait for processing. Turnaround time depends on the issuing authority, document type, processing method, and delivery time.

A small error on a form can add extra processing time, and sending documents to the wrong office may mean correcting the request and resubmitting the package.

Why Work with One Source Process

Handling notarization and apostilles without professional help can mean dealing with multiple offices, certified copies, filing rules, and changing turnaround times. One Source Process helps make that path clearer by reviewing your documents, identifying the right authentication route, and guiding the request from preparation to completion.

Benefits of Our Professional Services

Submit your paperwork through our website, and our team will review it for common issues before processing begins. You receive a personalized price estimate and a clear overview of the expected steps before any work starts.

Once you approve the request, our team begins coordinating the next steps. A single point of contact stays with your file, tracks progress, and keeps you updated, so you always know where your documents are in the process.

Need Help? Contact Us Anytime

Whether you’re unsure about which certification you need or want help getting started, our team is here 7 days a week. We’ve handled thousands of apostilles across all 50 U.S. states and internationally — so you can be confident your documents are in the right hands.

Contact us today and let One Source Process take the confusion out of document authentication. 

FAQ

Is an apostille the same as a notary?

No. A notary verifies your identity and witnesses your signature. An apostille authenticates a signature, seal, or official capacity on a document for use abroad.

What happens if my destination country is not part of the Hague Convention?

An apostille usually will not be accepted. You will likely need a different authentication process, often involving the U.S. Department of State and the foreign country’s embassy or consulate.

Notarized vs. apostille: what comes first?

If the document requires notarization, notarization comes first. Certified public records, such as birth certificates, usually do not need a notary before apostille.

Can a notary issue an apostille?

No. Only a government authority can issue an apostille — typically the Secretary of State for state documents or the U.S. Department of State for federal documents.

Can I get an apostille online?

Some states allow online requests or payment, but the apostille itself is usually attached to a physical document and returned by mail or pickup.

When do I need an apostille and notary together?

You need both when the document must be notarized first — for example, powers of attorney or sworn affidavits. Public records like birth certificates do not require a notary before getting an apostille.

Comments

  1. Carolina Blanco
    February 7, 2022 at 11:59 am

    Hello, I need to apostille my mother’s death certificate. It is from the state of Florida. Please let me know how much it would be to do so.

    1. Danny
      February 8, 2022 at 9:13 am

      Hello Carolina

      We can certainly assist. Please send us your request by going to https://www.onesourceprocess.com/apostillelegalization/. Your assigned specialist will review your documents to make sure they’re valid for apostille and they will let you know the process required, available processing times and costs.

      Danny

  2. Patricia Kabalaoui
    April 12, 2022 at 8:56 am

    We need power of attorney to be apostile and sent to Italy for citizenship purpose
    It’s written in Portuguese
    We are in diferente states
    Please let me know how can we do this
    Thank you

    1. Danny
      April 13, 2022 at 3:36 pm

      Hello Patrícia,

      We can certainly assist. Please send us your request by going to https://www.onesourceprocess.com/apostillelegalization/. Your assigned specialist will review your documents to make sure they’re valid for apostille and they will let you know the process required, available processing times and costs.

      Thank you,

      Danny

  3. Brian
    August 1, 2022 at 10:53 am

    Hello!
    My wife and I are purchasing a home in New Mexico. I am in France right now and she is in the USA. I need to have a power of attorney form notarized such that it is recognized in New Mexico. So far I can only find this service through the US Embassy (900 kilometers away in Paris). Is that my only option or can you (or someone else) do this for me?
    Thank you
    Brian

    1. Danny
      August 2, 2022 at 8:07 am

      Hello Brian,

      We can certainly assist. Please send us your request by going to https://www.onesourceprocess.com/apostillelegalization/. Your assigned specialist will review your documents to make sure they’re valid for apostille and they will let you know the process required, available processing times and costs.

      Thank you,

      Danny

  4. James mclaughlin
    August 31, 2022 at 11:16 am

    My marriage occurred over 60 years ago at Fort Dix New Jersey. I have a copy of the marriage certificate but not the original. What is the process to get it apostilled?

    1. Danny
      August 31, 2022 at 11:33 am

      Hello James,

      We will need to take a look at the document you currently have to determine if it’s valid for apostille or if you will need to obtain a new copy. Please send us your request by going to https://www.onesourceprocess.com/apostillelegalization/. Your assigned specialist will review your documents to make sure they’re valid for apostille and they will let you know the process required, available processing times and costs.

      Thank you,

      Danny

  5. Irena Anderson
    March 11, 2023 at 4:04 am

    I’m applying for a polish passport and I need to apostile my absolute divorce certificate
    Divorce was granted in the state of Massachusetts.
    Can you help me in my situation, please.

    1. Danny
      March 13, 2023 at 2:32 pm

      Hello Irena,

      We can certainly assist. In order to process your document accurately and as quickly as possible, we will ask that you upload a copy of your document for review by going to our order form https://www.onesourceprocess.com/apostillelegalization/. Once submitted, you will be assigned a specialist who will email you your review results and quote. Should you decide to proceed, they will include a payment link for payment so that we can begin processing your apostille request.

      Thank you,

      Danny

  6. Dan Dolido
    April 26, 2023 at 12:26 am

    I am filing a court recognition of my divorce in California. My lawyer in the philippines required me to submit an authenticated divorce judgment and authentocated copy of family code section 2336. I got a certified divorce judgment from the family court. What is your advice?

    1. Danny
      April 26, 2023 at 1:01 pm

      Hello Dan,

      We’re here to help you! To ensure that we can process your documents accurately and promptly, we kindly request that you upload a copy of your documents for review through our order form available at https://www.onesourceprocess.com/apostillelegalization/. After submitting your documents, one of our specialists will be assigned to review them and provide you with a quote and review results via email. If you choose to proceed with the service, the specialist will also send you a payment link to start the authentication process.

      Thank you,

      Danny

  7. Jerie Refugia
    November 21, 2023 at 9:21 am

    Us siblings(4 in Maryland + 1 in Victoria,Canada) and our mom is issuing a power of attorney to our lawyer in the Philippines. Please let me know what to do and the estimated cost . Thanks

    1. Danny
      December 4, 2023 at 3:40 pm

      Hello,

      We can assist! To ensure that we can process your documents accurately and promptly, we kindly request that you upload a copy of them for review through our order form available at https://www.onesourceprocess.com/apostillelegalization/. After submitting your request, one of our specialists will be assigned to review your documents and provide you with a quote and review results via email. If you choose to proceed with the service, the specialist will also send you a payment link to start the apostille process.

      Thank you,

      Danny

  8. J R Givens
    July 2, 2024 at 9:35 pm

    I have a client, a permanent resident (green card holder)
    that owns property in California but is currently out of the USA. Wants to sign a deed, transferring title, while out of the country. So a Notary and Apostille will be necessary??

    1. Danny
      July 3, 2024 at 12:02 am

      We can assist! To ensure that we can process your documents accurately and promptly, we kindly request that you upload a copy of them for review through our order form available at https://www.onesourceprocess.com/apostillelegalization/. After submitting your request, one of our specialists will be assigned to review your documents and provide you with a quote and review results via email. If you choose to proceed with the service, the specialist will also send you a payment link to start the apostille process.

      Thank you,

      Danny

  9. Judy Morehouse
    July 25, 2024 at 7:08 pm

    I have a certified US death certificate for my husband that will need to be translated into Spanish and given to my Mexican Lawyer to have the property title placed into my name to enable a sale. I believe the document may also need an apostille.
    Are you able to do this and what is the approximate cost.

    1. Danny
      July 26, 2024 at 5:28 pm

      We can assist! To ensure that we can process your documents accurately and promptly, we kindly request that you upload a copy of them for review through our order form available at https://www.onesourceprocess.com/apostillelegalization/. After submitting your request, one of our specialists will be assigned to review your documents and provide you with a quote and review results via email. If you choose to proceed with the service, the specialist will also send you a payment link to start the apostille and translation process.

      Thank you,

      Danny

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