Notarized affidavit: a sworn statement, signed in front of the notary

What a notarized affidavit is

An affidavit is your own statement of facts, in writing, made under oath. The person who makes it is the affiant. The oath, or an affirmation if you prefer not to swear, is the promise that the statement is true.

The notary’s part is the jurat. The California Notary Public Handbook says a jurat certifies that the signer personally appeared, was identified, took an oath or affirmation, and signed in the notary’s presence. It is recognized by the words “Subscribed and sworn to (or affirmed) before me.” That is different from an acknowledgment, which only certifies that you signed. The certificate itself is explained in what is a jurat. This page is about the document.

A notary is one of the officers who can give the oath, not the only one. Florida Statutes § 92.50 lets a judge, a court clerk or deputy clerk, or a notary public take an affidavit in Florida, and lists who can do it in another state or abroad. In practice the notary is the one you can book this afternoon.

When you need a notary and when a declaration is enough

Before you book anyone, read what the office asked for. Many places that say “affidavit” will take a signed declaration under penalty of perjury instead.

Federal matters have a statute for it. 28 U.S.C. § 1746 says that wherever federal law or a federal rule requires or permits a sworn declaration, verification, certificate, statement, oath, or affidavit, an unsworn written declaration signed as true under penalty of perjury and dated has the same force. The exceptions are a deposition, an oath of office, and an oath that must be taken before a specified official other than a notary. The wording inside the United States is: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).” Then your signature.

States have their own versions. In Florida, § 92.525 lets a document that must be verified be verified either by an oath before an authorized officer or by a written declaration: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” printed at the end of the document and above the signature. Knowingly making a false declaration is a third-degree felony in Florida.

So the rule of thumb is simple. If the office or court rule says “sworn before a notary” or “notarized,” get the notary. If it says “affidavit or declaration,” or cites a declaration statute, the declaration may save you the trip. If you are not sure, ask the office. Do not guess on a court filing.

Some affidavits always need an officer. A self-proving affidavit for a will is sworn by the person making the will and the witnesses before an officer, covered in can a notary notarize a will. An affidavit you will send abroad for an apostille needs a notary too, because the apostille certifies the notary’s signature.

How to write an affidavit

Use the office’s form if it has one. If it does not, a plain affidavit has a standard shape.

1. A title: “Affidavit of [your full name]” or “Affidavit of [the subject].” If it is for a court case, add the case caption the court uses.
2. An opening line that says who you are: your full legal name, that you are over 18, and that you have personal knowledge of the facts.
3. Numbered paragraphs, one fact each. Say what you saw, did, or know, with dates and places. Leave out opinions and guesses unless the form asks for them.
4. A closing line that the statements are true. If the facts are on information and belief, say so. Florida’s declaration statute allows “to the best of my knowledge and belief” for that case.
5. A signature line with your printed name. Do not sign yet.
6. Space for the jurat, or plan for the notary to attach a certificate page.

Fill every blank before you go. The California handbook says a notary may not notarize a document that is incomplete. Florida § 117.107(10) says a notary may not notarize a signature on a document that is incomplete or blank.

The notary will not write it for you. The California handbook says a notary may not prepare, draft, or select a legal document, or give advice about it. If you do not know what the affidavit needs to say, that is a question for a lawyer or for the office that asked for it.

What happens at the notary

1. You bring the unsigned affidavit and a current government photo ID. The ID list is on what do you need to get something notarized.
2. The notary checks your ID and has you swear or affirm that the statements are true.
3. You sign in front of the notary.
4. The notary completes the jurat, signs, seals it, and records it in the journal if the state requires one.

The fee is the state’s capped fee for a jurat or oath. California allows up to $15 per person. Pennsylvania allows $5 per person. New York allows $2 for administering an oath. More states are on how much does a notary cost.

You can do this on a video call when the notary’s commission allows it and the receiving office accepts an electronic notarization. A California notary cannot. A Texas notary with an Online Notary Public commission can. A Virginia notary registered as an electronic notary can. The oath happens on the call, and you sign electronically. The session is described in how a remote online notary works.

An affidavit headed to another country

A foreign office may ask for an affidavit with an apostille. Two things change. The notary’s state is the apostille state, so use a notary commissioned where you will request the apostille. And the state may want more than the jurat. The Texas Secretary of State lists affidavits as documents a Texas notary can notarize for an apostille, and asks for a statement summarizing the document’s contents. It accepts an online notarization with the notary’s ledger and an audio-visual certificate, and warns that some countries may not accept one.

The steps after the notary are on how to get an apostille. If the affidavit is not in the language of the country, ask whether you need a translation, and whether the translation itself must be notarized.

The buttons below are video notaries, ordered by grade. Use one when the notary’s commission allows the session and the receiving office accepts it.