Notary vs Apostille: What's the Difference and Which Do You Need?
If you are dealing with documents that need to be used internationally, you have probably encountered the terms “notarization” and “apostille.” While they are related, they serve very different purposes, and confusing the two can cause delays, rejected documents, and wasted money. Here is a clear breakdown of what each one does, when you need it, and how to get it.
What Is Notarization?
Notarization is the process where a commissioned notary public verifies the identity of a document signer and witnesses the signing. The notary confirms that the signer is who they claim to be, is signing voluntarily, and understands the document they are signing. The notary then applies their official seal and signature to the document.
Notarization is used domestically for a wide range of documents including real estate deeds, powers of attorney, affidavits, loan documents, and business contracts. It is a state-level function — notaries are commissioned by their state government and follow state-specific laws.
What Is an Apostille?
An apostille is a form of international authentication issued by a designated government authority, typically the Secretary of State. It certifies that a document and its notarization are legitimate so the document will be accepted in another country. The apostille is a separate certificate attached to or stamped onto the document after it has already been notarized.
The apostille system was created by the Hague Convention of 1961, formally known as the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. Over 120 countries are members of this treaty, including most of Europe, Japan, Australia, Mexico, India, South Korea, and Brazil.
When Do You Need Notarization Alone?
If your document is being used entirely within the United States, notarization is typically all you need. Common examples include signing a mortgage or deed in California or Texas, executing a power of attorney for a family member in New York or Florida, swearing an affidavit for a court case, and signing business formation documents. Standard notary fees for these domestic acts range from $2 in New York to $15 in California.
Notarization alone is sufficient for any domestic transaction where the receiving party simply needs assurance that the signature is genuine.
When Do You Need an Apostille?
You need an apostille when a notarized document must be used in a country that is a member of the Hague Convention. Common situations include getting married abroad and needing your birth certificate authenticated, adopting a child from another country, transferring property in a foreign country, enrolling in a university overseas, establishing a business in another Hague member country, and working or applying for residency abroad.
Documents That Commonly Need Apostilles
- Birth, death, and marriage certificates for immigration or foreign legal proceedings
- Court documents such as divorce decrees, judgments, and custody orders
- Academic records including diplomas, transcripts, and letters of recommendation
- Powers of attorney granting authority to act on your behalf in another country
- Corporate documents such as articles of incorporation, certificates of good standing, and board resolutions
- Background checks and FBI clearance letters required for foreign work permits
What About Non-Hague Countries?
If the destination country is not a member of the Hague Convention — for example, China, Canada, or most Middle Eastern nations — you cannot use an apostille. Instead, you need a process called embassy legalization or authentication. This typically involves getting the document notarized, then authenticated by the Secretary of State, then authenticated by the U.S. Department of State, and finally legalized by the foreign country’s embassy or consulate in the United States. This process takes longer and costs more than an apostille.
The Apostille Process Step by Step
Getting an apostille is straightforward once you know the steps. First, determine whether the destination country is a Hague Convention member. Second, have the document notarized by a notary public in the state where the document was issued or executed. Third, submit the notarized document to the Secretary of State in the same state where the notary is commissioned. Fourth, pay the apostille fee. Fifth, receive the document back with the apostille certificate attached.
Each state handles apostille requests through its Secretary of State office. Processing times range from same-day service in some states to two to four weeks in others. Many states offer expedited processing for an additional fee.
Cost Comparison
Notarization fees are regulated by state law and are relatively low. In most states, you will pay between $2 and $15 per notarial act, plus travel fees if you use a mobile notary. See our complete notary fee guide for all 50 states.
Apostille fees vary by state but typically range from $5 to $25 per document. Some states charge as little as $2 per apostille, while others charge $20 or more. Expedited processing, if available, usually adds $10 to $50. If you use a third-party apostille service to handle the process for you, expect to pay $50 to $150 per document including their service fee, shipping, and the state apostille fee.
The total cost for a notarized and apostilled document typically runs between $30 and $175 depending on the state, the urgency, and whether you handle it yourself or use a service.
Common Misconceptions
A notary can issue an apostille. This is false. Notaries and apostille-issuing authorities are completely separate. A notary performs the notarization, and the Secretary of State issues the apostille. They are two distinct steps.
An apostille replaces notarization. Also false. An apostille does not replace notarization — it builds on it. The document must be notarized first, then the apostille authenticates the notary’s commission and signature.
All countries accept apostilles. Only countries that are parties to the Hague Convention accept apostilles. Documents destined for non-member countries require embassy legalization instead.
You can get an apostille from any state. The apostille must come from the same state where the notary is commissioned. If your document was notarized by a notary in Illinois (where the fee is $5 per act), you must get the apostille from the Illinois Secretary of State.
Apostilles expire. The apostille itself does not expire, though the underlying document might have an expiration date or the receiving country may require the document to have been issued within a certain timeframe.
Where to Get Each Service
For notarization, you can visit a bank, UPS Store, shipping center, law office, or use a mobile notary who will come to your location. Use FindNotary.io to locate a notary near you.
For apostilles, contact the Secretary of State in the state where the document was notarized. Most states accept mail-in requests, and some offer walk-in service at their main office. If the process feels complicated or you need fast turnaround, an apostille expediting service can handle everything for you.
Understanding the difference between these two services saves you time and ensures your documents are properly prepared for wherever they need to go.
Need an apostille or notarization for international documents? Explore our apostille services directory to find professionals who handle both notarization and apostille coordination in your area.