A foreign court, registry or agency sometimes asks for a death certificate with an apostille. It is a vital record, and vital records have their own rules. The most common mistake is apostilling a copy that the state office will not accept.
The state that issued it handles the apostille
A death certificate is issued by a state or local vital records office. The apostille comes from the state where the record was issued, which is not necessarily where you live now. If the death occurred in Ohio and you live in Arizona, the Ohio route applies.
The apostille certifies the signature and capacity of the official who signed the certified copy. It does not confirm the cause of death or anything else written on the record.
Which copy to use
You need a certified copy issued by the vital records office, not a photocopy. A photocopy you had notarized is generally not what a state apostille office wants for a vital record, and some offices will refuse it outright.
Many apostille offices check the signature of the registrar or other official on the copy against the signatures they hold on file. An older certified copy may carry a signature the office no longer has. If you already have a copy from years ago, ask the apostille office whether it will accept it, or order a fresh certified copy. Requirements vary by state, so confirm with the office that will issue your apostille.
Things to check before you order
- Where the death was recorded, since that decides the state route.
- Whether you are eligible to order the certified copy. States limit who may request one, and the rules differ.
- Whether the foreign recipient wants the full certificate or a short form, and whether it has a recency requirement.
- Whether the document must be translated, and whether the receiving side wants the translation done after the apostille. See our translation order post.
Hague member or not
If the destination country is a party to the Apostille Convention, an apostille is the final authentication step. If it is not, the document usually needs a different legalization process. Check the destination against the status table on the HCCH website before you spend money on the wrong process. We covered the difference in apostille vs. legalization.
What this post does not cover
Whether a foreign authority needs a death certificate, and what else it needs alongside it, is that authority’s call. We can only speak to the apostille side. Ask the recipient for its exact list in writing before you order anything.
Unsure whether your copy will be accepted? Our free document review can look at it before you submit.