About Us Attestation of Will

  • Apostille Convention: the Hague Convention, to which India and USA are signatories, abolishes the requirement of legalization for Foreign Public Documents. With the certification by the Hague Convention 'Apostille', the document is entitled to recognition in India and vice versa and no certification by the Embassy/Consulates of India is required. The convention applies to public documents which have been executed in the territory of one Contracting State and which have to be produced in the territory of another Contracting State.
  • However in many places in India, they would easily recognize the attestation by the Indian Embassy/Consulate and hence may ask for attested copy despite the document already being apostilled.  Hence, to avoid any inconvenience, if you wish to have the apostilled document also attested by the Consulate, you may apply to the Consulate.
  • The Consulate will attest the documents only after they have been first notarized and then apostilled by the state authorities concerned in the US. Apostilling is done at the offices of the Secretary of State where the applicant resides. For details, please check the state government’s websites. For example, residents of California may check the website www.sos.ca.gov.
  • Will needs to be notarized and Apostilled
  • If the Will is on Stamp Paper, it will not be attested.
  • Attestation of Will is done in person only
  • Will of a dead person will not be attested at the Consulate.
  • Will of a mentally incapacitated person will not be accepted. Such cases will be entertained only if applicant has notarized judicial orders of guardianship of the person who is the main executor of the Will.
  • Normal processing time is 21 business days.
  • Delivery of documents (Pick-up hours): 04:00 pm to 04.45 pm (Monday to Friday)

Fee :  A non-refundable fee of $ 20 (twenty) + $2 Indian Community Welfare Fee (ICWF) w.e.f. Oct. 01, 2012 per attestation + $10 (ten) per photograph (if photograph to be also attested). 

Fees should be paid through Money order or Cashiers’ cheque drawn in favor of the ‘Consulate General of India, San Francisco’NO BLANK CHECK/MONEY ORDER WILL BE ACCEPTED BY THE CONSULATE. Cash, Personal Cheques, Credit Cards, Debit Cards or other banking instruments are not accepted. Normal processing time is 15 business days.

 How to Apply:

Supporting Documents

  • Miscellaneous Services Form - Download the Miscellaneous Application form  and complete the application form.

  • Notarized copy of Passport (First and Last Page)

  • Proof of your US Visa Status:(Notarized copy of any one of the following)
    • Photocopy of the page containing visa on passport (H1B, H4 etc) and the copy of I-94
    • Clear Photocopy of Green Card
    • Employment Authorization Document (Work Permit)
    • I-797, I-140 or I-20 (If approval copy of these notices are pending, also attach a handwritten note detailing the efforts being taken to regularize status) 

  • Proof of current US residence address: (Notarized copy of any one of the following)
    • US Driving license.
    • PG&E, Water or landline telephone bill displaying applicant’s address
    • House Lease Agreement
    • State Identification Card
    • Note:Bank/credit card/mobile phone statements are not accepted as residence proof

  • Submit an original and a copy of the Will document. Will needs to be signed and witnessed by two individuals other than family members (with their names and addresses clearly mentioned), then notarized and Apostilled by the Secretary of State where the applicant is resident. For residents of California, check the link sos.ca.gov/business/notary/authentication.htm  . Applicant’s sign on the WILL should be as per signature on his/her recent valid passport.  If witnesses are not coming in person to the Consulate, their signatures should be DULY NOTARISED.

  • If you want to receive the attested documents back through mail, submit a trackable pre-paid return mailing envelope (USPS 'Express Mail' or UPS etc.) 

  • In case the Consulate receives applications with incomplete documentation, the same would be sent back unprocessed in the return envelope sent by the applicant.

 

FAQs - Miscellaneous Services

Consular Services