Texas apostille: what a notary does and what the SOS does
A Texas notary does not issue an apostille. For a private document (power of attorney, affidavit, consent, corporate resolution), you notarize it in Texas, then send it to the Texas Secretary of State Authentications Unit. For a birth, marriage, or death record, you order a certified copy from Texas DSHS (or the county clerk, depending on the record) and apostille that copy. Mixing those two paths is the usual delay.
How the appointment works
- Confirm the destination country wants a Hague apostille, not embassy legalization.
- If the document is a vital record, order a certified copy from DSHS or the issuing clerk first. Skip the notary on that copy.
- If it is a private document, book a Texas-commissioned notary. Do not pre-sign. Do not use an out-of-state notary.
- File with the SOS Authentications Unit using their current cover sheet and fee. Mail-in is the default.
- Federal documents (FBI checks, federal court papers) go to the U.S. Department of State, not Austin.
Private documents vs vital records
Private documents need a Texas notarial certificate the SOS can verify against the notary's commission. Book a Texas-commissioned notary. Sign in their presence. Do not pre-sign. The SOS checks the notary's name, stamp, and commission, then attaches the apostille.
Vital records are different. A notary cannot "apostille a birth certificate." Get a certified copy from the issuing Texas office, then request the apostille on that certified copy. Photocopies and hospital souvenirs are rejected.
Where to file the apostille
The Authentications Unit in Austin handles apostilles for Texas-issued and Texas-notarized documents. Mail-in is the default. Walk-in is limited. Fees and cover sheets change; use the SOS page linked above for the current form, not a third-party flyer.
Federal documents (FBI background checks, federal court papers) are not Texas apostilles. Those go to the U.S. Department of State in Washington, D.C.
Timing
Plan weeks, not days, if the document has to leave the country for a wedding, visa, or school deadline. SOS processing plus mail plus any translation sits on top of the notary appointment. Same-day notarization is easy. Same-week apostille is not something a notary can promise.
Official instructions: Texas Secretary of State apostille instructions. Statewide notary rules live on the Texas notary hub.
City pages: Houston, Dallas, Austin, San Antonio, Fort Worth.