Apostille of a Will and/or Final Testament
Wills and Final Testaments are legal documents that detail the legacy and distribution of inheritance of a person who has passed away.
The apostille of these documents are usually required when there are foreign properties or bank accounts to claim.
There are ways to get the apostille of records like these. You can apostille the originals, which must have been notarized at the time of execution for it to be a legally binding document. However, for wills and final testaments that are several years old, it’s possible that the commission of the notary in charge of notarizing the document has expired, no longer renewed, or simply changed their signature on file. Because of this, it is best practice to instead apostille Letters Testamentary, which the Surrogate’s Court issues once the will has been filed with them, naming the executor appointed in the will. If the country of destination requires the apostille of the actual will, there are alternatives we can provide, should the notary’s commission have expired.
Require assistance? Request a quote and use our upload document feature so that our team can provide guidance for your documentation and apostille needs!
NYC Wills and Final Testaments
Copies of wills and final testaments are not under the custody of a particular agency, rather held onto by the signer, their lawyer (if applicable), or stored away. The original will and final testament can be submitted for apostille, if needed, as long as it’s duly notarized and the notary’s commission is unexpired. Otherwise, Letters Testamentary can also be apostilled.
Global Apostille Group can help obtain Letters Testamentary, if the record has already been filed with the applicable Surrogate’s Court. Contact us if you need assistance obtaining this record from any of the city’s five Surrogate Courts.
Apostille Requirements for a New York City Will and Final Testament
Apostille of these records largely depend on whether you are getting the apostille of the original notarized record, or a certificate of Letters Testamentary.
Original Will and Final Testament
The document must be duly signed and notarized. If the notary’s stamp indicates that the notary commission has expired, we highly recommend you apostille a certified copy instead.
The document must be certified by the county clerk of the commissioning county of the notary public.
Letters Testamentary
The document must be duly exemplified by the issuing Surrogate Court.
When properly exemplified, this record does NOT need a county clerk certification for apostille.
Failure to comply with any of the above requirements will result in a rejected application from the NY Department of State.
Contact Global Apostille Group and we can provide our best recommendation based on your apostille needs!
True Copy Apostille
What if my record does not comply with the above requirements?
What if I do not want to give up my original record? It’s my original record!
Or what if I simply no longer have the original record and obtaining a certified copy will take months? I need my apostille now.
Global Apostille Group can provide a “true copy” apostille of copies of your record. We can attach an affidavit to your document, certifying the record as a true copy of the original, and notarize the affidavit. This process bypasses the need to have the original, as the apostille will certify the notary’s signature, not the signature on the official record. The apostille of this notarized true copy will be done in New York State.
Before opting for this process, please contact the authorities who are receiving your document if they will accept the apostille of your document via a notarized copy. If the country of destination:
Requires the apostille to certify the official signature of the record,
Will not accept a notarized copy of your record, or,
Requires the apostille must be issued by the official Department of State where the document was issued (i.e. if your document is from the State of Virginia, the apostille is from Virginia).
If any of the above apply, please obtain a correct, certified copy of your record prior to submitting for apostille.