Does My Document Need to Be Notarized Before It Can Get an Apostille?

The short answer is: it depends on the document.

Private documents, including many powers of attorney and documents signed on behalf of a business, generally need to be properly notarized before Pennsylvania can issue an apostille. Government-issued records, such as birth, death, and marriage certificates, usually follow a different process. Instead of notarizing them, you generally submit an original or properly certified copy signed by the appropriate public official.

This distinction is important because notarizing the wrong document — or failing to notarize a document that requires it — can lead to rejection, delays, and an additional trip through the process.

Which Documents Usually Need to Be Notarized First?

Documents signed by private individuals or business representatives frequently require notarization before they can receive an apostille. Examples may include:

• •Powers of attorney
• •Business agreements
• •Corporate resolutions
• •Authorization letters
• •Affidavits
• •Consent forms
• •Certain passport-copy certifications
• •Diplomas, transcripts, and criminal record checks in Pennsylvania

Whether notarization is required ultimately depends on the document, the issuing authority, and the requirements of the country or organization receiving it.

Many of the business clients I have assisted needed to have their documents notarized before the apostille could be issued. Most were preparing documents to conduct business overseas, and several of the documents were going to Spain.

Powers of attorney have been the most common documents I have handled in these situations.

Why Does a Private Document Need to Be Notarized?

A private document does not automatically contain the signature or seal of a government official that the Pennsylvania Department of State can authenticate.

The notarization creates an official notarial act that the state can verify. When the apostille office processes a notarized document, it is primarily authenticating the notary's signature, seal, and authority — not approving the document's contents or determining whether its terms are legally correct.

The Pennsylvania Department of State explains that the Secretary of the Commonwealth authenticates the signatures of Pennsylvania public officials for documents that will be used outside the United States.

An apostille does not prove that every statement in the underlying document is true. It also does not mean that the foreign recipient has approved the document. It authenticates the public official or notary connected to it.

A Power of Attorney That Was Rejected for Missing Notarization

I once handled a power of attorney accompanied by instructions stating that it did not need to be notarized. Based on those instructions, I took the document to Harrisburg without attaching a notarial certificate.

The employee reviewing the document looked for the notarial certificate, did not find one, and rejected the request. This was a rejection made by a person reviewing the paperwork, not an automatic computer decision.

Fortunately, I had already met with the client and completed the necessary identification and notarial procedures. The circumstances allowed me to correct the missing notarial certificate while I was there without requiring the client to sign the document again.

That experience reinforced an important lesson: instructions supplied with a document do not necessarily address the apostille requirements. A document might be valid for its original purpose without notarization but still require a notarized signature before the state can authenticate it for international use.

What Happens During a Notarization and Apostille Appointment?

When I handle both parts of the process, the appointment begins like a normal notarization.

I meet with the signer, verify their identity, complete the required journal entry, perform the appropriate notarial act, and complete the notarial certificate. If the document does not include suitable notarial wording, I normally bring a separate certificate that complies with Pennsylvania requirements.

The notarization itself may take approximately five minutes when the signer has acceptable identification and the document is ready. Before leaving, I check that the certificate is complete and that the signer's information matches the identification presented.

I also prepare the apostille request paperwork and cover letter in advance. After the appointment, I can take the completed document directly to the Pennsylvania Department of State in Harrisburg and return it to the client.

Pennsylvania currently permits walk-in apostille requests to be processed while the requester waits, subject to the office's operating hours and requirements. That can make same-day or next-day service possible for properly prepared Pennsylvania apostille documents.

What If the Document Has No Notarial Wording?

A document does not necessarily have to contain notarial wording when it is created. Depending on the situation, a separate notarial certificate may be attached.

However, the signer — not the notary — must determine which notarial act the document requires unless the document, receiving agency, or another authorized party has already provided that instruction. A notary cannot choose a certificate for the signer when doing so would amount to legal advice.

The certificate must be completed correctly. In Pennsylvania, the notarial certificate submitted for apostille processing must be in English. A second-language version may appear beside it if the notary understands that language, but it does not replace the English certificate.

Using a proper certificate helps prevent problems such as:

• •Missing notarial wording
• •An incomplete venue
• •A missing notary signature
• •A missing or incorrect date
• •An incomplete notary seal
• •Using the wrong type of notarial act

I use official, straightforward certificates because they contain the necessary wording and make it easier to confirm that every required field has been completed.

Do Birth, Death, and Marriage Certificates Need to Be Notarized?

Vital records are handled differently from privately signed documents.

You generally should not ask a notary to stamp an original birth, death, or marriage certificate or certify a photocopy as a substitute for an official record. Instead, obtain an original or certified copy from the government office responsible for maintaining the record.

Pennsylvania provides document-specific requirements:

• •A Pennsylvania birth certificate does not need to be and should not be notarized.
• •A death certificate must be signed by the state registrar rather than a local registrar.
• •A marriage certificate must be signed by the register of wills or clerk of the orphans' court — not only by the officiant or clergy member.

The Pennsylvania Department of State also states that photocopies of notarized or certified documents cannot be certified by the Secretary of the Commonwealth.

If a birth certificate was issued in Texas, for example, it would ordinarily need to go through the appropriate Texas authority — not Pennsylvania. The state that issued the public record is generally responsible for authenticating the signature of its own public official.

Does Every Business Document Need to Be Notarized?

Not necessarily.

A privately signed business document may require notarization because the state needs a Pennsylvania notary's signature to authenticate. However, an official business record issued and certified by a state agency may already contain the signature and seal of an authorized public official.

For example, articles of incorporation or a certificate of good standing may follow a different path from a power of attorney signed by a company representative.

The correct process depends on:

• •What the document is
• •Who issued or signed it
• •Whether it is an original or certified record
• •Where the notarization occurred, if applicable
• •Which country will receive it
• •What the foreign recipient requires

For a privately signed document, apostille jurisdiction is generally tied to the state whose notary performed the notarization — not simply the signer's home address or the company's business address.

Does the Destination Country Affect the Process?

Yes. Before starting, you need to know whether the destination participates in the Hague Apostille Convention.

If the document is going to a Hague Convention country such as Spain, a properly prepared Pennsylvania document generally needs a Pennsylvania apostille. That apostille replaces the longer chain of legalization that would otherwise be required.

If the destination is not a Hague Convention country, the document does not receive an apostille. It generally requires an authentication certificate and may need additional legalization through the U.S. Department of State and the destination country's embassy or consulate.

The exact sequence depends on the document and destination. Non-Hague processing usually costs more and takes longer because it can involve multiple government offices. In my experience, clients should prepare for the possibility of several additional weeks. Each authentication stage could add approximately two weeks, although processing times can change.

The U.S. Department of State distinguishes apostilles for Hague Convention countries from authentication certificates used for non-Hague countries.

What Questions Should Be Answered Before Starting?

Before accepting an apostille assignment, I ask the client:

• •What type of document do you have?
• •Who issued or signed it?
• •Has it already been notarized?
• •In which state was it issued or notarized?
• •Which country will receive it?
• •Does it need to be translated?
• •How quickly do you need it returned?
• •Did the receiving organization provide written instructions?

Once I have that information, I can explain the likely process, expected turnaround time, and additional costs.

I do not expect the client to already know whether the document follows a state, federal, Hague, or non-Hague process. Determining and explaining that route is part of helping the client prepare properly.

Should a Document Be Translated Before or After the Apostille?

Translation requirements depend on the receiving country or organization.

Some recipients want the document translated before submission. Others may require a translation of both the underlying document and the completed apostille. A translation may also require its own certification or notarization.

Before paying for a translation, ask the recipient:

• •Which language is required?
• •Must the translation be certified?
• •Must the translator's signature be notarized?
• •Does the apostille itself need to be translated?
• •Will the recipient accept a translation completed in the United States?

Confirming these details prevents the client from paying for a translation that the foreign recipient will not accept.

How Can You Confirm Whether Your Document Needs Notarization?

If you plan to handle the apostille yourself, contact the government office that will process it before signing, mailing, or altering the document.

I have emailed the Pennsylvania apostille office when a document's requirements were unclear. In my experience, they usually responded within two to three business days. The Pennsylvania Department of State lists its Bureau of Notaries, Commissions and Legislation contact information on its notary resources page.

You can also contact an experienced apostille service provider if you need an answer more quickly. A knowledgeable provider should examine the type of document, issuing authority, destination country, and applicable state or federal requirements before giving you an answer.

The Bottom Line

Some documents must be notarized before they can receive an apostille, but notarization is not a universal requirement.

Privately signed powers of attorney and business documents commonly require notarization. Vital records generally require an original or properly certified government copy instead. Federal documents and documents going to non-Hague countries may follow entirely different authentication procedures.

The safest approach is to confirm the requirements before the document is signed, mailed, translated, or submitted. One missing notarial certificate can cause a rejection, while notarizing a document that should have remained an official certified record can create a different problem.

A few minutes spent confirming the correct process can save days — or even weeks — of delay.

Frequently Asked Questions