Records commonly apostilled
- Custody, guardianship and adoption orders.
- Name-change orders.
- Letters testamentary / letters of administration and probate orders for foreign estates.
- Civil judgments for enforcement abroad.
- Divorce judgments — see the divorce decree page.
- Criminal case dispositions and expungement orders (for visa files).
Federal court records (U.S. District, Bankruptcy, Appeals) are federal documents — see federal court documents.
Clerk certification
The clerk’s certified copy carries a statement that it is a true copy of the record, the clerk’s signature (or deputy’s) and the court seal. Most states apostille that signature directly if the clerk is on file. Exceptions:
- Certificate of incumbency — some states (Florida, among others) attach a certificate confirming the clerk’s office before the apostille, usually at a higher fee.
- County pre-certification — in New York and a few other states certain court records must be certified by the county clerk before the Department of State apostilles them.
- Exemplified copies — the judge attests to the clerk’s authority and the clerk to the judge’s; required by some foreign courts and for some U.S. interstate uses. Ask the receiving authority which form it wants.
Online certified copies
Several clerks issue electronically certified copies with a verification code. Some states apostille these as e-documents; others require a paper certified copy. Check the state page.
Enforcement of judgments abroad
An apostille makes the judgment authentic; recognition and enforcement are separate legal procedures in the destination country (exequatur in Spain and Latin America, delibazione in Italy, Anerkennung in Germany). The receiving lawyer will specify the exact certified form and any additional certificates (such as a certificate of finality).
Common reasons for rejection
- Plain copy from the court website without clerk certification
- Certification by someone whose signature is not on file
- Missing county pre-certification where required
- Order not yet final or missing pages
- Federal court record sent to the state
Frequently asked questions
Can the judge sign the apostille request?
No. The apostille is requested from the Secretary of State; the clerk certifies the record, and the judge’s signature matters only for exemplified copies.
Do I need a certificate of finality?
For judgments to be enforced abroad, often yes. Ask the clerk for a certified statement that no appeal is pending, and apostille it with the judgment.
How long does a certified court copy take?
Same day in person at most clerks’ offices; a few days to weeks by mail.
