Attestation of Will
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Attestation of Will

  • There is no need to take an appointment. Applicants could visit The Consulate on any working day between 9AM -12 Noon. The service will be on first come first serve basis.  
       
  • Will needs to be notarized and Apostilled  
     
  • 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 .  
     
  • If the Will is on Stamp Paper, it will not be attested.  
     
  • The Consulate reserves the right to reject attestation of documents the contents of which are objectionable or contrary to the Rules. 
     
  • Attestation of Will is done in person only

 

Applying In Person only

 

The applicant drawing up the Will is required to come to the Consulate personally. The applicant would be interviewed by the Vice Consul to ascertain if he/she has      been influenced in any way or is in his/her senses when drawing the Will.  If the applicant cannot come to the Consulate, for whatever reason, the Will is not attested.       There is no relaxation to this rule.

Supporting Document: Carry originals of all the supporting documents to be presented to the Consular Officer (photocopies of which are to be attached with the application).  In case you are not able to present the original documents at the counter bring notarized copy of documents being attached to the application.  Ensure that notarized copy is legible, otherwise Consulate may ask to see the original. However, the passport and the apostilled Will document (which is to be attested) should be presented in original.

Fee :  A non-refundable fee of $ 20 (twenty) + $3 Indian Community Welfare Fee (ICWF) w.e.f. Oct. 01, 2012 per attestation + $10 (ten) per photograph (if photograph to be also attested).  .  If you want to receive the attested documents back through mail, either  send a trackable pre-paid return mailing envelope (USPS 'Express Mail' or FEDEX etc.)  or enclose a money order/cashier’s check for $ 20 (twenty) payable to Consulate General of India - San Francisco.

Fees should be paid through Money order or Cashiers’ cheque drawn in favor of the ‘Consulate General of India, San Francisco’. Cash, Personal Cheques, Credit Cards, Debit Cards or other banking instruments are not accepted.

Delivery of Documents (Pick-up Hours) :  04.00 pm to 04.45 pm (Monday to Friday)

 

How to Apply:

  • Miscellaneous Services Form - Download the Miscellaneous Application form and complete the application form.
  • Attach the following documents with the application form.
  • Copies of Indian passport and other documents issued in India need not be notarized but only self-attested. However, relevant and valid visa pages, green card copy, address proof in the US are to be notarized if applications are sent by mail. Notary is not required if the documents copies in original are shown at the Counter.
     
  • Proof of your US Visa Status:(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: (copy of any one of the following)
    • U.S 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  
       
  • Will needs to be signed and witnessed by two individuals (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 www.sos.ca.gov/business/notary/authentication.htm - Send original and a copy  of the document
  • In case the Consulate receives applications with incomplete documentation, the same would be sent back unprocessed in the return envelope sent by the applicant.

 

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