Your California escrow officer has sent the closing package with one firm instruction: have it notarized in Canada, and do not send it back without an apostille. You are in Ontario, and escrow closes on a fixed date. This guide explains why California is strict about the apostille, what to bring to your appointment, and how Crown Seal Notary handles the notarization and the apostille request in one place.
California is one of the top three states for Canadian buyers. In the National Association of Realtors’ 2025 report, 9% of Canadian buyers purchased there, from the Coachella Valley to the coast.
California closing documents at a glance
- The apostille is written into the statute. When a notary outside the United States takes an acknowledgment, California’s Civil Code asks for the notary’s signature to be proved. An apostille is one of the accepted ways.
- No acknowledgment, no recording. California’s Government Code requires a deed or deed of trust to be acknowledged before the county recorder can record it.
- Certificate wording follows your escrow instructions. California has its own form for signings inside the state. For signings elsewhere, the Civil Code accepts a certificate taken in accordance with the laws of the place where it is made.
- The seal has to be readable. California treats the notary’s seal as part of the text that must reproduce legibly in the county’s records.
- Signed in person. Ontario does not permit remote notarization, and does not issue apostilles for documents notarized by video.
What California law asks for when you sign outside the United States
Why California is strict about the apostille
Section 1183 of the California Civil Code lists who may take an acknowledgment outside the United States. A notary public is on the list, with a condition: the notary’s signature must be proved. The section gives three ways to do that. One is before a judge of a court of record in the country where the acknowledgment is taken. One is before a U.S. diplomatic or consular officer. The third is an apostille.
For someone signing in Ontario, the apostille is the practical choice. An Ontario notary public notarizes the document, the Ontario government issues the apostille, and the whole process stays in the province.
An acknowledgment before recording
Section 27287 of the Government Code says that before an instrument can be recorded, its execution must be acknowledged by the person signing it. Grant deeds, quitclaim deeds, deeds of trust and powers of attorney all fall under that rule. With an acknowledgment, you declare before the notary that you signed the document.
Which certificate wording to use
Section 1189 sets out California’s own acknowledgment certificate, including a boxed notice at the top. That form is for acknowledgments taken inside California. For an acknowledgment taken in another place, the same section says the certificate is sufficient in California if it is taken in accordance with the laws of the place where it is made. Escrow companies still have preferences, and some attach the form they want used. Follow your escrow officer’s instruction, and bring any attached certificate to your appointment.
A seal the recorder can read
Section 27361.7 of the Government Code deals with documents that will not reproduce legibly, and it counts the notary’s seal as part of the text. If a seal does not photograph clearly, the recorder can ask for a clearer original. If your escrow officer has mentioned the seal in your instructions, tell us at the appointment.
Documents in a typical California closing package
- a grant deed, if you are selling;
- a deed of trust, if you are borrowing;
- a power of attorney, if someone will sign for you at closing;
- an interspousal transfer deed or quitclaim deed, if the escrow company asks a spouse to sign one;
- affidavits requested by the escrow or title company.
Other pages, such as the escrow instructions and county forms that go in with the deed, are usually signed without a notary. Your signing instructions say which pages need what. We don’t draft or explain the documents, so questions about what they mean go to your escrow officer or a California attorney.
How to get California closing documents notarized and apostilled in Ontario
- Send us your escrow instructions. Use the free document check on our appointment page. We reply by email with what to bring.
- Confirm the certificate. Ask your escrow officer whether to use the certificate printed on the document or one they have attached.
- Sign in person. Bring the package unsigned, your instructions, and two pieces of identification with your name matching the documents. See what ID you need for notarization.
- We arrange the apostille. Through our apostille assistance, we prepare your notarized documents and submit them to the Ontario government for you.
- Courier the originals. Use a tracked courier, keep each apostille attached to its document, and keep copies of everything.
How long it takes and what the apostille costs
We offer two apostille service options, so you can match the timing to your close of escrow.
| Service | Turnaround | Fee |
|---|---|---|
| Same-day apostille | Same day | $800 CAD |
| Regular apostille | Within 3 days | $500 CAD |
Work backward from the day the originals must reach your escrow officer: courier time, then apostille time, then your appointment. Tell us your closing date when you book, and we will confirm your total by email before you come in.
Five mistakes that delay California closings
- Sending the package back without the apostille. For a California recording, the apostille is how the notary’s signature is proved.
- Using a commissioner of oaths. A document that needs an apostille must be notarized by a notary public. See notary public vs. commissioner of oaths.
- Guessing at the certificate. Ask your escrow officer which one they want before the appointment, not after.
- A name that does not match your ID. Tell us and your escrow officer first. Our post on one and the same person declarations explains one common fix.
- Separating the apostille from the document. Do not remove staples before you courier the package.
California closing documents: common questions
Can an Ontario notary notarize a California grant deed?
Yes. California’s Civil Code allows a notary public to take an acknowledgment outside the United States, with the notary’s signature proved by an apostille. Your escrow company decides what they accept, so we follow the instructions they gave you.
Do I have to go to a U.S. consulate?
Not when your escrow officer has asked for an Ontario notarization with an apostille. A U.S. consular officer is another route named in the statute, but the apostille route keeps everything with an Ontario notary and the Ontario government.
Does the notary have to use California’s acknowledgment form?
California’s form is written for signings inside the state. For signings elsewhere, the Civil Code accepts a certificate taken in accordance with the laws of the place where it is made. Your escrow officer’s instruction decides which certificate goes on your document.
Do California closing documents need witnesses?
California’s recording rules centre on the acknowledgment before a notary. If your instructions ask for a witness as well, follow them and tell us when you book.
Can my closing documents be notarized online or by video?
Not if they need an Ontario apostille. Ontario requires the notary to be physically present with you. Our post on online commissioning in Ontario explains where video signing does work.
Can you come to us?
Yes. Our mobile notary service visits homes and workplaces in Hamilton and the surrounding area.
Sources
- California Civil Code, section 1183 and section 1189
- California Government Code, section 27287 and section 27361.7
- Government of Ontario: Information for notaries public in Ontario
- Hague Conference on Private International Law: Apostille Convention status table
- National Association of Realtors: International Transactions in U.S. Residential Real Estate (2025 report for state shares)
Related reading
- Notarization and apostilles for U.S. real estate closing documents signed in Ontario
- Florida closing documents: notarization and apostille in Ontario
- Arizona closing documents: notarization and apostille in Ontario
- What documents can be apostilled in Canada?
- Notarization mistakes to avoid
Book with Crown Seal Notary
Crown Seal Notary serves Hamilton and the surrounding area seven days a week. In-office appointments are available at 21 King St W, 5th Floor, and our mobile service comes to your home, workplace, hospital or care home. To book, call 289-207-0851, email info@csnotary.org, or book online. You can also browse all of our services or read our FAQs.
Please note: Crown Seal Notary provides notarization and commissioning services only. We do not provide legal, immigration or financial advice, and we cannot tell you what to write in your document. If you are unsure which document you need, please check with the organization that asked for it or speak with a lawyer or licensed paralegal. This guide is general information and is not advice on the law of any U.S. state.
