Does an Affidavit Need to Be Notarized?

Does an Affidavit Need to Be Notarized?

If you've been asked to submit an affidavit, one of the first questions you may have is: Does an affidavit need to be notarized?

In many cases, yes. An affidavit is generally a written statement of facts that a person swears or affirms are true. Because of that sworn statement, affidavits commonly require the signer to appear before a notary or another authorized official, take an oath or affirmation, and sign the document in their presence.

However, the exact requirements can depend on the type of affidavit, the state involved, and the court, government agency, business, or other organization receiving the document.

The most important rule is simple: don't sign your affidavit until you know whether it needs to be signed in front of a notary.

If your affidavit requires notarization, you may be able to notarize your affidavit online through Notaron without visiting a notary office.

What Is an Affidavit?

An affidavit is a written statement in which the person signing it — known as the affiant — states that certain information is true.

Affidavits are used in many legal, financial, government, and personal situations.

Common examples include:

Proof of residency affidavits

Identity affidavits

Financial affidavits

Name change affidavits

Lost title affidavits

Affidavits of heirship

Affidavits of support

Small estate affidavits

Court affidavits

Affidavits relating to property or real estate

Affidavits of translation

What makes an affidavit different from an ordinary written statement is that the signer is typically swearing or affirming that the information is true.

So, Does Every Affidavit Have to Be Notarized?

Not necessarily.

Many traditional affidavits require notarization because the signer must make the statement under oath before an authorized official. However, some laws and organizations permit declarations signed under penalty of perjury without a traditional notarization.

That means you should check the instructions provided with your affidavit or ask the organization receiving it.

Look near the signature area for language such as:

"Subscribed and sworn before me"

"Sworn to and subscribed"

"Notary Public"

"My commission expires"

A space for a notary seal

Those are strong indications that the document is intended to be notarized.

If you're filing the affidavit with a court, government agency, school, financial institution, insurance company, or other organization, you should also verify its specific requirements before submitting it.

Why Are Affidavits Notarized?

The notary's role is not to determine whether the statements in your affidavit are true.

Instead, the notary generally verifies your identity, observes the required signing, administers an oath or affirmation when required, and completes the appropriate notarial certificate.

This helps establish that the person identified in the document actually appeared before the notary and performed the required act.

What Is a Jurat?

One of the most important terms to understand when notarizing an affidavit is jurat.

A jurat is a type of notarial act commonly used for sworn statements.

With a jurat, the signer typically:

Appears before the notary.

Provides acceptable identification.

Takes an oath or affirmation that the statements in the document are true.

Signs the document in the notary's presence.

Has the notary complete the notarial certificate and apply the required seal or electronic seal.

This is different from an acknowledgment.

With an acknowledgment, the signer generally acknowledges that they signed a document willingly. Depending on applicable law, the signature may have been made before meeting the notary.

For a jurat, signing in the notary's presence is generally an important part of the process.

Don't Sign the Affidavit Too Early

This is one of the easiest mistakes to make.

Someone emails you an affidavit, you fill it out, sign it, and then start looking for a notary.

Unfortunately, if your affidavit requires a jurat, the notary may need to actually witness you signing it.

For that reason, it is usually safest to:

Complete the affidavit, but leave the signature line blank until you meet with the notary.

If you've already signed your affidavit, don't panic. You may need to obtain or print a clean copy and sign it again during the notarization.

The notary can explain the notarial procedure, although a notary cannot provide legal advice about what your document should say.

Can an Affidavit Be Notarized Online?

Many affidavits can be notarized using Remote Online Notarization (RON) when permitted by applicable law and accepted by the organization receiving the document.

Instead of meeting a notary at a bank, shipping store, office, or other physical location, you meet with a commissioned online notary using live audio and video.

With Notaron, the general process is straightforward:

1. Upload your affidavit

Upload the affidavit you need notarized. Unless instructed otherwise, leave the signature area unsigned.

2. Verify your identity

You'll complete identity verification and provide the required identification.

3. Meet the notary by video

You'll connect with a commissioned notary during a live online session.

4. Take the oath or affirmation

If your affidavit requires a jurat, the notary administers the required oath or affirmation.

5. Sign the affidavit

You electronically sign the document while appearing before the notary.

6. Receive the notarized document

The notary completes the appropriate notarial certificate and electronic seal, and the completed document becomes available electronically.

You can start the process on Notaron's online affidavit notarization page.

What Do I Need to Get an Affidavit Notarized?

Before your notarization, it helps to have the following ready:

Your completed but unsigned affidavit

An acceptable government-issued photo ID

A computer, smartphone, or tablet

A working camera and microphone

A reliable internet connection

Any instructions provided by the organization receiving the affidavit

You should also review the entire document before the session. Notaries generally cannot tell you how to complete the legal contents of an affidavit.

Does an Affidavit Need a Witness?

Usually, the notary and the witness are not the same thing.

Many affidavits only require the person making the statement and the notary. Some documents, however, may have additional witness requirements.

Whether witnesses are needed depends on the particular document and applicable law.

If your affidavit specifically includes witness signature lines or instructions requiring witnesses, make sure you understand those requirements before beginning your notarization.

Can I Write My Own Affidavit?

In some situations, yes.

An affidavit generally identifies the person making the statement, describes the facts being sworn to, includes the signer's signature, and contains or is accompanied by an appropriate notarial certificate.

However, affidavits used for court proceedings, real estate transactions, immigration matters, financial matters, estates, or other legal purposes may need specific wording.

If you were given a form by a court, attorney, government agency, insurer, school, or other organization, use the form they provided rather than creating your own version.

If you're unsure what statements an affidavit should contain, consult an attorney or the organization requesting the document.

Can I Notarize an Affidavit From Another State?

Remote notarization can make location less important than it used to be, but the rules can become complicated.

The notary performs the notarization under the laws governing the notary's commission, while the document may ultimately be used in another state.

The recipient may also have its own requirements concerning electronic signatures, electronic notarial seals, or remote notarization.

For an affidavit being submitted to a particular court, agency, lender, title company, or other organization, it is a good idea to verify that organization's acceptance requirements.

How Long Does It Take to Notarize an Affidavit Online?

The actual notarization itself can often be completed quickly when you already have the correct document and identification ready.

Delays are more likely when:

The affidavit has already been signed when it needs to be signed before the notary.

Identification cannot be verified.

The document is incomplete.

Additional signers or witnesses are required.

The receiving organization has special requirements.

Preparing your affidavit and identification before starting can make the process much smoother.

What Happens After the Affidavit Is Notarized?

Once the notarization is complete, review the finished document before submitting it.

Make sure the notarized document contains the appropriate completed notarial certificate and any required electronic signatures or seals.

Then follow the submission instructions from the court, agency, company, attorney, or organization requesting the affidavit.

Some recipients accept electronic PDF documents, while others may have their own filing procedures.

Get Your Affidavit Notarized Online

If you already have your affidavit and it needs notarization, you don't necessarily need to search for a local notary or schedule an in-person appointment.

Notaron allows eligible documents to be notarized through a live online session with a commissioned notary.

Have your affidavit completed but unsigned, keep your photo ID nearby, and make sure your device has a working camera and microphone.

Get your affidavit notarized online with Notaron.

Notaron provides notarization services, not legal advice. Requirements can vary depending on the document, jurisdiction, and organization receiving the affidavit.