Affidavit of Identity: Legal Framework, Forms, and State-Specific Procedures

Affidavit of Identity

An Affidavit of Identity (AoI) is a sworn legal document used to verify a person’s identity when standard proof is unavailable or inconsistent. By signing under penalty of perjury, the individual (affiant) attests that the information is true, making it legally binding evidence to prevent fraud and resolve discrepancies in administrative, financial, and court matters.

This document serves several key functions, and using the correct version is critical:

• Identity Verification: Its primary role is to provide a sworn statement confirming one’s identity.
• Name Discrepancies: Often titled “Affidavit of One and the Same Person,” it clarifies that different name variations (e.g., maiden vs. married name, misspellings) belong to the same individual.
• Context-Specific Forms: The correct form depends on the situation. An IRS identity theft claim requires a specific IRS form, not a generic affidavit. Similarly, banks and courts often have their own mandatory templates.
• Not a Name Change: This affidavit does not legally change a person’s name; it only verifies an existing identity across different records.

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Affidavit Standards: Oath, Affirmation, and Notarization

A valid affidavit must contain a written statement of facts that the affiant swears or affirms to be true.
The affiant must appear before an officer authorized to administer oaths—usually a Notary Public, though court clerks and certain government officials may also perform this role. To be legally compliant, the affidavit must: Clearly identify the affiant by full legal name and contact information.

• Contain a statement of personal knowledge affirming the truth of the facts asserted.
• Bear the affiant’s signature, executed before an authorized officer.
• Include a notarial certificate with the notary’s signature, official seal, commission number, and expiration date.

The oath or affirmation must be administered by an official empowered to do so—typically a Notary Public, court clerk, commissioner for oaths, or other state-authorized officer. The act of notarization serves two core purposes: it verifies the identity and volition of the affiant and creates a presumptively valid record admissible in judicial and administrative proceedings.

Historically, affidavits required physical presence before the notary to ensure personal identification. Modern law now allows for remote online notarization (RON) in many states, provided it is expressly authorized by statute and conducted in accordance with the state’s notarial and identity-verification rules.

The Federal Rule of Equivalence (28 U.S.C. § 1746)

Under 28 U.S.C. § 1746, enacted in 1976, Congress authorized unsworn declarations under penalty of perjury to substitute for notarized affidavits in federal matters. The statute provides that any matter requiring an affidavit may instead be supported by such a declaration, carrying the same legal effect, except where an oath before a specific official is mandated by law.

For validity, the declaration must include one of the following statements:

• Executed within the United States:
  “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.”
• Executed outside the United States:
  “I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.”

This statutory provision promotes procedural efficiency by eliminating the need for notarization, especially for signers located abroad. However, § 1746 does not preempt specific agency or court rules that still require notarized affidavits. Filers must therefore confirm whether the receiving authority explicitly accepts § 1746 declarations or insists on traditional notarization.

Costs and Accessibility of Notarization Services

While an Affidavit of Identity is a straightforward document, accessing the required notarization services involves practical considerations of cost and convenience. Understanding these factors helps ensure the process is completed efficiently and affordably.

In-Person Notarization

• Cost: Fees for traditional, in-person notarization are typically set by state law and are modest, often ranging from $2 to $15 per signature. Some institutions, like banks or credit unions, may offer free notary services to their customers as a courtesy.
• Accessibility: Notaries Public are widely available. Common locations to find a notary include:
  • Banks and credit unions.
  • Local government offices, such as a county clerk or city hall.
  • Shipping and business service centers (e.g., The UPS Store, FedEx Office).
  • Law offices and real estate agencies.
  • Public libraries sometimes have a notary on staff.

Remote Online Notarization (RON)

• Cost: RON services are generally more expensive than in-person notarization, with costs typically starting around $25 per session. The higher fee covers the cost of the secure audio-visual platform, identity verification technology (KBA and Credential Analysis), and digital record-keeping.
• Accessibility: RON offers significant convenience, as it can be completed from any location with an internet connection and a camera-equipped device. This is especially valuable for individuals who are located internationally, have mobility issues, or need urgent notarization outside of standard business hours. Dozens of state-approved RON platforms are available online, and users can typically connect with a commissioned remote notary within minutes.

Recommendation: Before proceeding, it is advisable to confirm whether the receiving agency accepts remotely notarized documents. If both in-person and remote notarization are permitted, you can choose the option that best fits your budget and timeline.

Perjury Risk and Compliance Liability

Any Affidavit of Identity or unsworn declaration executed under penalty of perjury carries felony-level criminal exposure. Under federal law, 18 U.S.C. § 1621 defines perjury to include “any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28,” making unsworn declarations under 28 U.S.C. § 1746 subject to the same sanctions as affidavits. Submitting a false statement in such a document—whether to a federal agency such as the IRS or to a federal court—constitutes a federal felony punishable by fines and up to five years’ imprisonment. Many states maintain parallel statutes authorizing unsworn declarations. For example, Florida Statute § 92.525 permits written declarations “Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true,” and classifies false declarations as perjury by written declaration, a third-degree felony. Similar statutes exist in California, Texas, and other jurisdictions, often with variations in required wording or severity of punishment. Consequently, a single false declaration may expose the signer to both federal and state prosecution.

To secure a conviction for perjury, prosecutors must establish three elements:

1. Falsity – the statement was objectively untrue;
2. Materiality – the falsehood had the capacity to influence the decision of the body receiving it, and
3. Knowledge and Intent – the declarant knew the statement was false when made.
4. Courts have also developed specific doctrines clarifying perjury scope: a recantation may serve as a defense if made promptly; corroboration is generally required under the “two-witness rule”; and statements that are literally true but deliberately misleading have, in some cases, been prosecuted where they obstructed justice or concealed material facts.

Compliance Guidance:

• Verify that each document includes the correct “under penalty of perjury” clause and matches the language required by the applicable statute (e.g., § 1746 or § 92.525).
• Confirm that the receiving agency or court accepts unsworn declarations; some still mandate notarized affidavits.
• Ensure that all statements are made with full knowledge of their accuracy and relevance to the proceeding.
• Incorporate perjury-awareness training and review procedures within institutional compliance programs.
• Remember that incomplete or technically “true” yet misleading statements may still attract perjury liability in some jurisdictions.

How to sign an Affidavit of Identity and determine its legal validity

The procedural validity of an Affidavit of Identity depends on the method of execution. With the shift toward digital notarization, electronic and remote notarization practices now fall under stringent technical compliance mandates designed to preserve authenticity and legal integrity in virtual settings. Modern notarization differentiates between electronic notarization (e-Notarization) and remote online notarization (RON). Electronic notarization involves the use of digital signatures and a seal, but still requires the signer’s physical presence before the notary. Remote online notarization fulfills the personal appearance requirement through secure, live audio-visual communication. RON is governed at the state level, with more than 40 states having permanent laws authorizing it and others in transition. Compliance officers and legal professionals must therefore monitor each state’s Secretary of State guidance to confirm current RON authorization.

Identity Proofing: Technical Compliance Mandates

Since RON removes in-person identification, it demands data-driven identity verification with multi-factor authentication, combining knowledge-based authentication (KBA) and credential analysis.

Knowledge-Based Authentication (KBA) verifies the signer’s identity through challenge questions based on trusted third-party data sources—often paired with a secondary device verification code.

Credential Analysis (CA) uses automated software to authenticate a government-issued ID. It mandates an authenticity test verifying security features, a live visual comparison between the signer and ID image during the audio-visual session, and confirmation that the signer possesses the physical credential and that the submitted photos are unaltered.

Audio-visual Recording and Record-keeping require the notary to record the entire notarial session and securely retain that recording along with a digital journal entry that documents the RON act. Many states specify retention periods for these records.

Technical Compliance Standards Overview

• Multi-Factor Authentication (MFA): Confirms identity using layered methods (KBA + device verification).
• Knowledge-Based Authentication (KBA): Binds identity to transaction via challenge questions.
• Credential Analysis (CA): Automated detection of ID alteration, visual comparison, and possession confirmation.
• Audio-visual Recording: Secure recording of the session for audit and compliance purposes.

Notary Duties and Retention Standards

A remote notary must comply with retention standards, including logging the notarization as performed via video conference and preserving both the electronic journal and the full audio-visual record. These layered requirements create a forensic trail of authenticity, ensuring any remote notarization can be reviewed or challenged in legal or regulatory settings.

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Identity Affidavit Forms and State-Specific Requirements

Affidavits of identity serve a foundational role in legal and administrative processes, yet the specific forms, submission procedures, and evidentiary requirements vary significantly across jurisdictions and contexts. This segment examines the wide range of relevant forms used in the United States—including state-specific variations and naming conventions—and then reviews the legal procedure for similar documents in Canada. Understanding these differences is essential for accurate compliance, avoiding delays or rejection, and ensuring the affidavit’s full legal effect.

U.S. Affidavit of Identity Forms and State-by-State Variations

At the federal level, the United States recognizes two principal affidavit frameworks:

1. Sworn Affidavits, which require notarization and personal appearance before an authorized officer; and
2. Unsworn Declarations, authorized under 28 U.S.C. § 1746, which permit a written declaration under penalty of perjury to serve in place of notarization when expressly permitted by law.

Federal agencies—including the Internal Revenue Service (IRS), Department of Homeland Security (DHS), and U.S. Citizenship and Immigration Services (USCIS)—commonly rely on unsworn declarations for administrative efficiency, provided that the declaration includes the precise statutory language of § 1746.
Conversely, many state-level transactions (particularly property, vehicle, and civil-court filings) still mandate formal notarization to confirm identity and consent.

The core elements of all Affidavits of Identity—federal or state—include:

• Full legal name, address, and identifying details of the affiant;
• A clear statement of personal knowledge and truth;
• Jurisdictional penalty clause (either perjury or oath language); and
• Execution section containing signature, date, and official acknowledgment.

Although these components are uniform in principle, the actual templates and statutory citations vary substantially from state to state.

Selected State-Specific Forms and Unique Identifiers

Some U.S. states rely on standardized, interjurisdictional templates (often derived from U.S. Legal Forms or Secretary of State models), while others issue specialized forms tied to specific regulatory bodies.

State	Unique Form Name	Issuing Body / Context	Purpose
California	LASC LACIV 198 – Affidavit of Identity and Order	Los Angeles Superior Court	Used to verify a judgment debtor’s identity for enforcement or record correction.
Texas	HHS Form H1097 – Affidavit for Citizenship/Identity	Texas Health and Human Services	Confirms identity and citizenship status for benefit eligibility verification.
Michigan	ED-104 – Affidavit of Identity and Receipt of Filing	Secretary of State / Bureau of Elections	Used to certify candidate filings and validate election documents.
Florida	Affidavit of Identity	County Clerks / Traffic Courts	Used in citation disputes or title transfers to confirm the signer’s identity.
New Jersey	Affidavit of Identity	Division of Taxation	Used to verify taxpayer identity and resolve account discrepancies.

Many other states—including New York, Illinois, Pennsylvania, Georgia, Ohio, and North Carolina—use a shared Affidavit of Identity template through U.S. Legal Forms, with only the state caption differing. These forms typically include identical data fields, oath statements, and notarial wording, ensuring cross-state recognition for standard administrative or court purposes.

Locate the correct state-specific Affidavit of Identity form instantly — RunSensible Forms provides one-click access to official templates for every jurisdiction.

Key Differences by State

While every jurisdiction requires truthful disclosure under penalty of perjury, the following distinctions are critical for compliance officers and legal practitioners:

• Notarization vs. Unsworn Declarations:
  Some states (e.g., California, Florida, and Texas) continue to require physical notarization. Others (e.g., New York under CPLR § 2106 and Utah under the Utah Code § 46-1-6.5) allow unsworn declarations to substitute for oaths in certain administrative filings.
• Form Version Control:
  Many states track form revisions by date or code. For instance, Illinois Judicial Council forms are stamped “Approved 10/2023”, while Texas DMV forms show “Rev 05/11.0”. Using an outdated version may invalidate the filing.
• Supporting Documentation:
  Most states require copies of government-issued ID, proof of address (utility bills, lease, or tax statements), and evidence of legal name changes (marriage certificate, divorce decree, or court order).
• Handling of Aliases and “Same Person” Affidavits:
  In real-estate and probate contexts, several states require Affidavits of One and the Same Person to reconcile name discrepancies between deeds, mortgages, or identification documents. This ensures chain-of-title integrity and mitigates fraud risk.

Together, these differences demonstrate that no single affidavit template is universally valid. Legal accuracy depends on matching the form’s structure, acknowledgment type, and statutory reference to the governing jurisdiction.

Canadian Legal Procedure for Affidavit of Identity

In Canada, the equivalent document is commonly titled an “Affidavit of One and the Same Person” or “Affidavit of Identity.” Its function is to confirm that variations in a person’s name across official records—such as birth certificates, passports, or property titles—refer to the same individual.

The form is executed before a Notary Public, Commissioner for Oaths, or lawyer authorized under provincial law to administer oaths. Most provinces adhere to the Canada Evidence Act and corresponding provincial Evidence Acts, which govern affidavit validity.

The affidavit must include:

• The declarant’s full legal name, address, and occupation;
• All name variations, aliases, or misspellings appearing on public records;
• A statement affirming that all names belong to the same person; and
• The notary’s signature, seal, and commissioning details.
  

Form Contents and Supporting Documentation

Affidavit content generally remains consistent nationwide, though some provinces issue preferred templates. Required supporting evidence includes:

• Government-issued photo ID (driver’s license, passport, or PR card);
• Proof of any name change, such as a marriage certificate, divorce judgment, or provincial name-change certificate; and
• Certified translations if the original documents are in another language.

For online or remote commissioning, the notary must confirm the signer’s identity via secure video conference and ensure that all scanned ID images are legible and retained per provincial retention rules.

Execution and Submission

The affiant must swear or affirm the document in the physical or electronic presence of the authorized officer. Once executed, the affidavit may be submitted to:

• Financial institutions or title companies for property matters;
• Immigration, Refugees and Citizenship Canada (IRCC) for document reconciliation; or
• Provincial authorities for licensing or educational record verification.

Electronic commissioning is available in provinces such as Ontario, British Columbia, and Alberta, subject to identity verification and digital-signature standards.

Key Legal Notes

• The affidavit does not substitute for a formal name-change order—it merely verifies that multiple names belong to the same individual.
• Certified copies should be retained by both the notary and the affiant for future verification.
• Each province maintains minor procedural variations (e.g., retention period, electronic notarization acceptance), so users should confirm local requirements before submission.

Contextual Applications and Documentation Requirements for Affidavits of Identity

The legal and procedural requirements for an Affidavit of Identity vary substantially depending on the context of use. Each domain—real estate, government administration, taxation, and court filings—imposes distinct documentation, notarization, and compliance standards. Institutions must recognize and apply these context-specific mandates to ensure lawful execution and acceptance.

Real Estate and Title Compliance (Same-Person Affidavits)

In real property transactions, title insurance companies frequently require an Affidavit of Identity referred to as a “Same Person Affidavit” to resolve ambiguities in the chain of title, especially when common or similar names appear on the public record.

The purpose is to confirm that the individual involved in the transaction is not the same person tied to outstanding judgments, liens, or encumbrances.

A valid affidavit should list the affiant’s:

• Full legal name and current address;
• All prior or alternate names, including maiden names or aliases.

Often, this affidavit is combined with an Owner’s Affidavit and Indemnity, which may include statements confirming peaceful possession, the absence of undisclosed leases or liens, and indemnification of the title insurer for any resulting claims. By executing the affidavit, the affiant provides both a personal identity verification and an indemnity assurance regarding the property’s title condition.

Government and Motor Vehicle Administration (DMV / DOR)

State motor vehicle and identification agencies continue to enforce strict notarization requirements and maintain version-controlled official forms. Unlike federal agencies, many do not accept unsworn declarations under 28 U.S.C. § 1746.

Examples:

• Washington State: The Affidavit of Loss/Release of Interest for title replacement must be signed “in the presence of a notary public.”
• Idaho Transportation Department: Duplicate title applications are rejected unless the applicant’s signature is notarized.
• Texas DMV: Requires the Self-Certification Form VTR-272-B (Rev 05/11.0), with revision tracking mandatory.

Supporting Documentation for Name Change:

When correcting or updating name information, DMVs require certified legal evidence such as a marriage certificate, court order, amended birth certificate, or divorce decree specifying the name change.

These agencies continue to prefer in-person notarization for transactions involving valuable state-issued entitlements—vehicle titles, residency certificates, or identification cards—reflecting a greater reliance on the notary’s in-person verification than on self-attestation under penalty of perjury. Institutions should therefore presume notarization is required unless a specific administrative rule provides otherwise.

Tax and Identity-Theft Compliance (IRS and State Agencies)

The Internal Revenue Service (IRS) and state tax authorities use Affidavits of Identity to authenticate taxpayers and resolve fraud claims.

Federal Forms:

• IRS Form 14039 – Identity Theft Affidavit: Used by individuals whose SSNs or personal data were misused for fraudulent tax filings.
• IRS Form 14039-B – Business Identity Theft Affidavit: Used by businesses, estates, and trusts to report identity theft.

Filing Restrictions:

Taxpayers should not refile Form 14039 for the same incident or submit it when they have already received verification letters from the IRS or when the theft is unrelated to taxes.

Documentation Requirements:

Sole proprietors and small businesses must attach two forms of proof:

1. A valid government-issued ID; and
2. Evidence of active business operations (e.g., a utility bill, invoice, or lease).

State-Level Verification:

State departments of taxation (e.g., Ohio Department of Taxation) employ independent identity verification measures such as PIN verification, security quizzes, or requests for additional documentation. These processes align with federal identity-theft recovery standards but vary in scope and required evidence.

Court and Administrative Filings

Judicial and administrative bodies often require standardized affidavits issued or approved by official rulemaking authorities.

Judicial Council Standards:

• The Illinois Supreme Court Commission on Access to Justice mandates standardized circuit-court identity-theft affidavits, each marked by official approval (e.g., “Approved 10/2023”).
• Such forms ensure uniformity, legal sufficiency, and acceptance across the state’s courts.

Residency Verification Requirements:

Administrative agencies, including the New York City Comptroller, require notarized affidavits when issuing Certificates of Residence for community college students. Supporting documentation typically includes multiple proofs of identity and residency, such as voter-registration cards, tax returns, or utility bills.

Compliance and Form Version Control Management

Effective institutional compliance requires strict control over the content, supporting documentation, and version integrity of every Affidavit of Identity or declaration processed. Legal sufficiency depends not only on accurate information but also on the inclusion of mandated language, supporting evidence, and current form versions recognized by the relevant jurisdiction.

Core Elements of a Compliant Identity Affidavit

A valid identity affidavit should consistently include the following five components:

• Affiant Identification:
• Full legal name, current residential address, date of birth, and any known aliases or prior names. This detail is essential in financial and property contexts (e.g., clearing title defects or verifying ownership).
• Statement of Competency:
• An affirmation that the affiant is legally competent—typically over 18 years of age—and has personal knowledge of the facts stated.
• Statement of Truth:
• A declaration that all information provided is accurate, correct, and complete to the best of the affiant’s knowledge.
• Jurisdictional Penalty Clause:
• The inclusion of the specific statutory language that makes the declaration legally binding under penalty of perjury.
  • Federal standard: 28 U.S.C. § 1746
  • Example state equivalents: Fla. Stat. § 92.525 (Florida), N.Y. CPLR § 2106 (New York)
• Execution and Verification Block:
• A clearly designated space for the affiant’s signature, the date, and either a notarization or affirmation acknowledgment that meets state procedural law.

Supporting Documentation Requirements

An Affidavit of Identity is hardly accepted on its own. Compliance frameworks must require and retain supporting evidence, including:

• Primary Identification:
• A copy of a valid, government-issued ID (driver’s license, passport, or equivalent) bearing the affiant’s signature.
• Proof of Address or Residence:
• Documents such as a utility bill, property tax statement, lease agreement, or bank statement confirming current residence.
• Proof of Name Variation:
• Certified records supporting any name change or variation, such as a marriage certificate, divorce decree, or court order.
• Third-Party or Proxy Filings:
  • For minors — proof of guardianship or birth certificate.
  • For adults, a signed, written authorization from the individual permitting release or representation.

Form Version Control and Revision Tracking

Using outdated or unapproved forms can result in rejection or delay.

To prevent this, institutions should:

• Maintain a centralized, digital form repository linking directly to official issuing authorities (e.g., Judicial Council sites, Secretary of State portals, IRS, or DMV repositories).
• Track each form by revision date and approval number. For instance:
  • Illinois Judicial Council Affidavit of Identity — Approved 10/2023
  • Texas DMV Form VTR-272-B — Rev. 05/11.0
  • IRS Form 14039 (Identity Theft Affidavit) — variable, updated periodically

Ensuring only the most current, legally valid versions are used in all transactions and filings.

Emerging Challenges in Digital Identity Verification

The role of identity affidavits is expanding as digital assets become part of mainstream financial and legal systems. Institutions now face the challenge of verifying not only physical identity but also digital identity ownership, including:

• Cryptocurrency wallet control and account linkage in recovery or litigation contexts.
• Attestations over cryptographic keys or blockchain account access.
• Integration of digital identity credentials into affidavit templates for financial technology or exchange compliance.

Future forms may include specific fields confirming ownership or control of digital identity credentials, reflecting the evolving definition of “identity” and expanding the scope of liability verification.

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Conclusions and Recommendations

The Affidavit of Identity plays a central role in both administrative and court proceedings. It is a straightforward document with a specific purpose: to confirm a person’s identity when regular identification records are missing, inconsistent, or disputed. In practice, it acts as a verified statement that connects personal information to legal recognition. The affidavit confirms that the individual named in it is the same person referenced in other records, and that the statement is made truthfully under oath or penalty of perjury.

In the United States, the affidavit’s authority derives from its compliance with state-specific form requirements and the federal standards set by 28 U.S.C. § 1746. Some states rely on uniform templates, while others mandate specialized forms, such as California’s LACIV 198 or Texas’s HHS H1097. These differences are not procedural formalities—they determine whether a filing is accepted or rejected. Each form represents a localized interpretation of a common legal principle: that a sworn statement of identity, properly executed and supported, carries evidentiary weight equal to other official records.

Canada’s procedure reflects the same legal philosophy through a different structure. The affidavit must be sworn before a Notary Public or Commissioner for Oaths, accompanied by verified identification and, when needed, certified translations. Its evidentiary force depends on the integrity of its execution and the authority of the official who commissions it.

Across both systems, the affidavit endures because it combines accessibility with legal certainty. It allows individuals to affirm truth under oath without resorting to lengthy litigation or bureaucratic investigation. However, the form’s reliability depends entirely on precision—accurate wording, proper notarization or declaration, and jurisdictional compliance.

The continuing modernization of notarization practices—particularly through remote execution and electronic verification—will undoubtedly reshape how identity is proven in law. Yet, despite technological change, the principle remains constant: the affidavit stands as a formal, binding statement of truth. It remains one of the few instruments through which personal identity acquires direct legal force, balancing procedural efficiency with the enduring requirement of personal accountability under law.

FAQs

1. What is an Affidavit of Identity?

An Affidavit of Identity is a sworn statement used to confirm a person’s identity when traditional identification documents are missing, inconsistent, or disputed. It serves as legal evidence that the individual signing the affidavit is the same person referred to in associated records, contracts, or filings. The affidavit carries legal weight because it is executed under oath or under penalty of perjury, making it admissible in administrative, financial, and judicial contexts. When properly drafted, it bridges discrepancies across identification documents, such as mismatched names or differing spellings, and establishes a verified link between the signer and the identity in question.

2. When might someone need to use an Affidavit of Identity?

Affidavits of Identity are used in many administrative and legal scenarios where identity must be verified beyond standard documentation. Common examples include clearing title discrepancies in real estate transactions, verifying names in probate or estate matters, updating financial or banking records, confirming identity for government benefits, or addressing name mismatches after marriage or divorce. In cases of identity theft or fraud, the affidavit can serve as a foundational document for financial institutions, law enforcement, or the IRS to validate the victim’s true identity. Essentially, it provides a legal safeguard where identity uncertainty could delay or invalidate a process.

3. Do I need a notary to complete an Affidavit of Identity?

In most jurisdictions, yes. The affidavit must be signed before a Notary Public or other authorized official to ensure its authenticity. The notary verifies the affiant’s identity, witnesses the signature, and applies an official seal, which gives the document evidentiary standing. However, under 28 U.S.C. § 1746, federal law permits an “unsworn declaration under penalty of perjury” in place of a notarized affidavit for certain administrative or court filings. Not all states or agencies accept this substitution—some, like California and Florida, still require formal notarization. Always verify whether the receiving court or agency explicitly allows unsworn declarations before submission.

4. Does an Affidavit of Identity change my legal name?

No. An Affidavit of Identity does not legally change a person’s name; it only confirms that different names or variations refer to the same individual. For example, a person known as “Jane M. Doe” on a passport and “Jane Marie Smith” on a marriage certificate can use the affidavit to affirm that both names belong to her. A legal name change requires a separate judicial or administrative process, such as a court order or a provincial or state-issued name change certificate. The affidavit merely clarifies identity for record correction, not for altering one’s legal identity.

5. How do affidavit requirements differ between U.S. states?

Every U.S. state prescribes its own affidavit structure, and using the wrong form can result in rejection or legal delays. Many states share a standard template that includes the affiant’s identification, oath, and notarial acknowledgment. Others issue unique, agency-specific forms.

• California: LASC LACIV 198 – Affidavit of Identity and Order (used in Los Angeles Superior Court for judgment enforcement).
• Texas: HHS Form H1097 – Affidavit for Citizenship/Identity (used for benefit eligibility).
• Michigan: ED-104 – Affidavit of Identity and Receipt of Filing (used by the Bureau of Elections).
• Each state also maintains form version control, with revision dates or approval identifiers (e.g., “Rev 05/11.0” or “Approved 10/2023”). Using an outdated version can lead to a procedural rejection. Some states, like New York, also allow affidavits under CPLR § 2106, which accepts unsworn declarations from attorneys or authorized professionals instead of notarization.

6. Can an unsworn declaration replace a notarized affidavit everywhere?

No. The federal rule under 28 U.S.C. § 1746 permits unsworn declarations under penalty of perjury for federal filings, but it does not override state law. Many state courts, clerks, and agencies still require notarized affidavits for local filings, especially in matters involving property, licensing, or identity verification. States such as California, Florida, and Georgia maintain strict notarization requirements, while others, like Utah, New York, and Washington, have adopted provisions recognizing unsworn declarations. The key compliance step is determining whether the governing authority explicitly authorizes § 1746 declarations—if not, notarization remains mandatory. Falsifying either form type exposes the declarant to perjury prosecution under 18 U.S.C. § 1621 and corresponding state statutes.

7. What supporting documentation strengthens an Affidavit of Identity?

Supporting evidence is essential to validate the affidavit’s credibility. A complete filing should include:

• A government-issued photo ID (driver’s license, passport, or state ID card).
• Proof of residence (utility bill, tax statement, or lease agreement).
• Certified documentation of any legal name change (marriage certificate, divorce decree, or court order).
• In cases of identity theft or fraud, attach a police report, FTC Identity Theft Report, or institutional fraud notice.
• These documents provide a verifiable trail linking the affiant’s claimed identity to official records, minimizing disputes over authenticity. Institutions often reject affidavits lacking corroborating evidence, particularly in financial or property contexts.

8. How does Canada handle Affidavits of Identity differently?

In Canada, an Affidavit of Identity—often called an Affidavit of the same Person—must be sworn or affirmed before a Notary Public or Commissioner for Oaths, in accordance with provincial evidence laws. The document includes the declarant’s full name, address, occupation, and a list of all name variations or aliases. Supporting identification (passport, driver’s license, PR card, or birth certificate) must be presented, and if documents are in another language, a certified translation is required.

Some provinces, such as Ontario, British Columbia, and Alberta, now allow remote or electronic commissioning under regulated procedures. The affidavit does not change a person’s legal name—it only verifies that various records refer to the same individual. Provincial laws, such as Ontario’s Commissioners for Taking Affidavits Act and the Evidence Acts, govern the process and ensure its admissibility in both administrative and court settings.

Resources

• Ontario, O. Reg. 431/20 — Administering Oath or Declaration Remotely (under the Commissioners for Taking Affidavits Act). e-Laws (Government of Ontario). Ontario

• Tex. Gov’t Code ch. 406 (incl. § 406.111) — Online notarization; fee up to $25 (in addition to regular notary fees). Texas Statutes (official). Texas Statutes

• N.Y. CPLR § 2106 — Affirmation of truth of statement. New York State Senate – Open Legislation.

• Fla. Stat. § 92.525 — Verification of documents; perjury by false written declaration (current text). Florida Legislature – Online Sunshine. leg.state.fl.us