NY Apostille Process — Step-by-Step Guide
A New York apostille is an official certificate issued by the NY Department of State that authenticates a notarized document for international use. If you need to present a U.S. document in a foreign country that is part of the Hague Apostille Convention, this guide walks you through every step of the process.
What Is an Apostille?
An apostille is a government-issued certificate attached to a document to verify the authenticity of the signature and seal of the official (such as a notary public) who executed it. It is recognized by all member countries of the 1961 Hague Convention and eliminates the need for further embassy or consulate legalization in those countries.
Who Issues the New York Apostille?
In New York, apostilles are issued exclusively by the New York Department of State (DOS), Division of Licensing Services, located in Albany. The DOS verifies that the notary public or other official who signed the document holds a valid commission on file with the state. No other office or agency in New York can issue an apostille.
Step-by-Step Process
- Notarization: Have your document notarized by a New York commissioned notary public. For remote signings, New York Remote Online Notarization (RON) is accepted.
- County Clerk Authentication: For certain document types, the notarized document must first be authenticated by the County Clerk in the county where the notary is commissioned. The County Clerk verifies the notary's signature and commission on file.
- NY Department of State Apostille: Submit the authenticated document to the NY Department of State in Albany. The DOS will attach the apostille certificate confirming the document's authenticity for international use.
- Return / Delivery: Once the apostille is attached, the document is returned to you by mail or courier. You can then present it to the foreign authority, court, bank, or institution that requires it.
Current Fees
The County Clerk authentication fee is typically $3 per document. The New York Department of State charges $10 per apostille certificate. These are government fees and are separate from any notarization or service coordination fees. Expedited or courier services may have additional costs.
Processing Times
Routine processing by the NY Department of State typically takes 2 to 3 weeks when submitted by mail. Walk-in service in Albany is usually same-day. Expedited processing options are available for an additional fee and can reduce mail-in turnaround to approximately 3 to 5 business days. Processing times may vary depending on volume and time of year.
Common Mistakes to Avoid
- Wrong county authentication: The County Clerk authentication must be obtained from the county where the notary public is commissioned, not where the document was signed or where you live.
- Missing County Clerk step: Skipping the County Clerk authentication when it is required will result in the Department of State rejecting your apostille request.
- Sending to the wrong state office: Only the NY Department of State in Albany issues apostilles. Documents sent to other state offices or the Secretary of State in other states will not be processed.
- Not verifying document type eligibility: Not all documents are eligible for apostille. Verify that your specific document type can receive an apostille before starting the process to avoid delays and wasted fees.
Which Documents Need County Clerk Authentication?
Documents notarized by a New York notary public generally require County Clerk authentication before the Department of State will issue an apostille. This includes powers of attorney, affidavits, consent forms, and most privately executed documents. Certain documents issued directly by state or local government agencies (such as certified copies of birth, death, or marriage certificates issued by the NYC Department of Health or a Town/City Clerk) may go directly to the DOS without County Clerk authentication. When in doubt, contact us for a free document review before you begin.