Notary for Affidavits

An affidavit is a written statement made under oath and notarized by a notary public. It is one of the most common reasons people visit a notary, used in everything from court proceedings to immigration applications to business filings. Understanding how affidavit notarization works helps you prepare properly and avoid delays.

What Is an Affidavit?

An affidavit is a legal document in which the signer (called the "affiant" or "deponent") swears under oath that the statements within the document are true and correct. Because the affiant is swearing under penalty of perjury, an affidavit carries significant legal weight. Making false statements in a notarized affidavit is a criminal offense.

Common Types of Affidavits

• Affidavit of identity: Confirms a person's identity, often used when there are name variations across documents
• Affidavit of support: Used in immigration cases to prove financial ability to support an immigrant
• Affidavit of residence: Establishes where someone lives, used for school enrollment, voter registration, or court proceedings
• Affidavit of heirship: Used in estate matters to establish inheritance rights
• Affidavit of service: Confirms that legal documents were properly delivered to a party
• Small estate affidavit: Used to transfer assets of a deceased person without probate when the estate is below a certain value
• Financial affidavit: Declares income, assets, and debts, commonly used in divorce proceedings
• Affidavit of correction: Corrects errors in previously recorded documents

Affidavit vs. Acknowledgment: The Key Difference

Affidavits require a jurat, which is different from an acknowledgment. Understanding the distinction is important:

• Jurat (for affidavits): The signer must sign the document in the notary's physical presence and take an oath or affirmation swearing that the contents are true. The notary administers the oath.
• Acknowledgment: The signer can sign the document beforehand and simply acknowledges to the notary that the signature is theirs and they signed voluntarily.

The notarial certificate attached to an affidavit will include language such as "subscribed and sworn to before me" to indicate a jurat was performed.

The Affidavit Notarization Process

1. Prepare the affidavit: Draft the document, but do not sign it yet. You must sign in front of the notary.
2. Bring valid photo ID: Current government-issued photo identification is required.
3. Appear before the notary: Present yourself in person before the notary public.
4. Take the oath: The notary administers an oath or affirmation. You will raise your right hand and swear (or affirm) that the statements in the affidavit are true.
5. Sign the affidavit: Sign the document in the notary's presence.
6. Notary completes the jurat: The notary fills in the jurat certificate, applies their seal, and signs.

Important Rules for Affidavit Notarization

• Do not sign before the appointment: Unlike an acknowledgment, a jurat requires you to sign in the notary's presence. If you sign beforehand, the notary cannot complete a proper jurat.
• The notary does not verify truth: The notary's role is to administer the oath and witness your signature. They do not verify whether the statements in the affidavit are actually true.
• The notary can refuse if you appear to be lying, under duress, or unable to understand what you are signing.

Cost of Affidavit Notarization

The fee is $15 per signature in California. If you need a mobile notary to come to your location, add a travel fee. For same-day service, most notaries in Los Angeles can accommodate your request.

Find a notary for your affidavit through our Los Angeles notary directory.