County Clerk Certification Before the State Apostille: Which States Require It
Most people expect an apostille to be a two step process: sign before a notary, then send the document to the Secretary of State. In some states there is a third step in the middle. A county clerk first confirms that the notary is who they say they are, and only then will the state issue the apostille. Skip that step and your package comes back weeks later.
Short answer: Some states, and some document types in other states, require the county clerk where the notary is commissioned to certify the notary's signature before the Secretary of State will issue an apostille. Kentucky and New York are well documented examples, and some California counties describe a similar step for certain records. There is no national list, so check the apostille office of the state that issued or notarized your document.
What county clerk certification is
The apostille office has to be able to verify the signature on your document. In states where notaries register at the county level, the state office may not hold the notary's signature itself. The county clerk does. So the clerk certifies that the notary was commissioned and that the signature is genuine, and the state office relies on that certificate. New York's Executive Law spells out this role: the clerk of the county where a notary qualified or filed a signature can certify that notary's signature.
States that document the step
State | When the county step applies | What the official sources say |
Kentucky | Documents notarized on paper | The Secretary of State says the notary's signature must be certified by the County Clerk where the notary is registered. Circuit court records are sent to the county clerk to certify the circuit clerk's signature. |
New York | Notarized documents and vital records from local registrars | The notary's signature is authenticated by the County Clerk where the notary qualified. The Department of State says birth, death, and marriage certificates issued by the NYS Department of Health with the State Registrar's signature do not need county clerk certification. |
California | Some local records, depending on the county | The Secretary of State says a county authentication may be required for local registrar signatures on birth and death certificates. San Diego County and Imperial County describe clerk authentication of health officer and notary signatures before the apostille. |
These are examples documented on official pages. They are not a complete list of states. Do not assume your state is in or out until you read its apostille office's instructions.
The notary's county matters
Because the clerk certifies a signature it has on file, your notary has to be registered in that county. Scott County, Kentucky, for example, says the notary must be commissioned in Scott County and that the signature on your document must exactly match the signature on the notary's bond, with no variations. It also requires the notarial acknowledgment statement to be written in English and lists a fee of five dollars per certification. Fees and rules are set locally, so check the clerk's own page.
If you use a notary from a county where you are not going to get the clerk certification, you will be turned away.
How the three step process works
Notarize the document with a notary registered in the county where you will get the certification.
Take or mail the notarized original to that county clerk. Pay the clerk's fee and ask for the certificate to be attached.
Send the package to the Secretary of State with the apostille request form and fee.
Plan for translation after the apostille if the destination requires one.
Some states are adding online options. Kentucky's online apostille request accepts a PDF that was certified by a county clerk or electronically notarized by an authorized Kentucky notary, one document per request. Whether that route suits your document and your destination is something to confirm with the Secretary of State.
What usually does not need the county step
Certified copies of vital records issued by a state health department with the state registrar's signature, for example in New York.
Certified copies issued by a county clerk and signed by the current clerk or deputy, for example in Kentucky.
Federal documents, which go to the U.S. Department of State.
How it affects your timeline
The county step adds mailing time in both directions and the clerk's own processing time. Ask the clerk whether walk in service is available and how long mail requests take, and add that to the state office's turnaround. If your document has an age limit, read does an apostille expire and count the extra step.
Mistakes to avoid
Using a notary who is registered in a different county from the clerk you plan to visit.
Signing with a signature that does not exactly match the one on the notary's bond or commission.
Skipping the step because a different document in your package did not need it.
Sending a document notarized in one state to another state's Secretary of State.
Frequently asked questions
What is a county clerk authentication?
It is a certificate from the county clerk confirming that a notary is commissioned and that the signature on the document is the notary's. It is attached to the document before the Secretary of State issues the apostille.
Which states require county clerk certification?
Kentucky and New York are well documented. Some California counties describe a similar step for certain records. Always check the apostille office in the state where the document was notarized or issued.
Does every document need it?
No. Public records issued by certain state agencies may go straight to the state office. Notarized private documents are more likely to need it where the step exists.
Can I do it by mail?
Many county clerks accept mail requests. Check the clerk's page for the fee, the return envelope, and the accepted payment types.
How much does it cost?
Fees are set locally. One Kentucky county clerk lists five dollars per certification. Your county may differ.
Need help getting this apostilled?
American Apostille handles state and federal apostilles for clients across the United States and abroad. Contact us with your document and destination country, and we will confirm the route before we start. Pay after it's done. No upfront payment.
Related guides
Sources
Last reviewed October 2026. Requirements change and vary by state, agency, and destination country. This article is general information, not legal advice.
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