Do You Need a Notary Before an Apostille? Which Documents Require One
Whether you need a notary before an apostille depends on one thing: who signed or issued the document. Get it wrong in either direction and the apostille office sends your paperwork back. This guide explains the rule, shows which documents fall on each side, and lists the notary errors that cause most rejections.
Short answer: Documents issued by a public official, such as certified birth, death, and marriage certificates and certified court records, are authenticated on that official's signature and should not be notarized. Private documents, such as powers of attorney, affidavits, and letters, need a notary first, because the apostille authenticates the notary's signature and commission.
What an apostille actually authenticates
An apostille does not vouch for what a document says. It confirms the authenticity of the signature, the capacity in which the person signed, and the seal. So the apostille office needs a signature it can verify. For a public record that is the signature of the official custodian. For a private document it is the signature of the notary who witnessed it.
Oregon's Secretary of State describes the workflow this way: the notary performs the notarization, the customer brings the document to the Secretary of State, and staff check the notary's commission, stamp, and signature against the signature on file before attaching the apostille. A notary cannot issue an apostille. Only the designated state or federal authority can.
Notary or no notary
Notarize first | Do not notarize |
Powers of attorney | Certified birth, death, and marriage certificates |
Affidavits, including single status affidavits | Certified court records and decrees |
Letters, such as employment or authorization letters | Documents issued directly by a state agency, with an official's signature |
Contracts and business agreements | Business filings certified by the Secretary of State's own office |
Copy certifications and custodian statements, where the state allows them | Federal documents, such as FBI background checks, which go to the U.S. Department of State |
Translations signed by the translator, where the destination requires notarization | Recorded documents, such as deeds, in certified copy form |
Several states say this directly. Texas's Secretary of State states that recorded documents cannot be notarized by a notary public. Delaware says publicly recorded documents are never notarized. Washington requires personal documents submitted to its office to be notarized by a Washington notary.
The notary mistakes that get apostilles rejected
No notarial certificate. The notary signed or stamped the document but never completed a certificate that states what act was performed.
Incomplete or illegible certificate. Missing venue (state and county), date, or the notary's printed name and commission expiration.
Expired commission. The commission must be current on the date of the notarization.
Signature that does not match the commission. Kentucky counties, for example, say the notary's signature must exactly match the signature on the notary's bond. No variations are accepted.
Notarial wording that is not in English. California's Secretary of State says it can issue an apostille when the notarization is in English.
The wrong kind of notarization. Some states do not accept remote or electronic notarizations for apostille. Delaware says it will not.
A notary stamp on a public record. Adding one can make the apostille office reject a vital record or court document.
The notary's state decides the apostille office
For a private document, the apostille comes from the state where the notary is commissioned. If a Nevada notary notarized your power of attorney, Nevada's office issues the apostille, even if you live in Ohio. This also decides whether you need a county clerk certification first. Read county clerk certification before the state apostille.
How to prepare a private document
Check the destination's requirements for the document, including whether it wants a particular notarial wording.
Do not sign in advance. Sign in front of the notary.
Use a notary commissioned in a state whose apostille office you can work with. Confirm the state accepts the type of notarization you plan to use.
Check the notarial certificate for the venue, date, and notary details before you leave.
Do not alter the document after notarization.
Send the original to the apostille office with its form and fee.
Frequently asked questions
Do all documents need to be notarized for an apostille?
No. Public records issued by an official generally do not, and notarizing them can cause problems.
Can a state apostille an unnotarized private document?
Generally no. Without a notary, there is no signature for the office to authenticate.
Do I need a notary for an FBI background check?
No. The FBI background check is a federal document, and the apostille comes from the U.S. Department of State. See FBI background check apostille.
Can a notary from another state notarize my document?
Yes, but the apostille must come from the state of that notary, not from your home state.
Can I use remote online notarization?
Sometimes. State rules differ, and the destination country has to accept it. See remote online notarization before apostille.
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.
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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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