An affidavit is a sworn written statement used in court or for asserting facts in legal matters. Notarizing an affidavit confirms the signer’s identity, voluntary act, and the authenticity of the signature. This guide outlines practical, state-flexible steps to get an affidavit notarized in the United States, covering preparation, who to contact, costs, and common pitfalls to avoid.
Steps To Get An Affidavit Notarized
Notarizing an affidavit involves a straightforward process when the proper elements are in place. The signer must appear before a commissioned notary public with valid identification, sign the affidavit in the notary’s presence, and the notary will affix their seal and signature.
- Prepare the affidavit text: Ensure the document clearly states the declarant’s facts, date, and place, and ends with a sworn statement.
- Confirm the signer’s identity: Present government-issued photo ID (e.g., driver’s license, passport). If documents lack a name or date, additional verification may be required.
- Sign in front of the notary: The signer must sign the affidavit in the notary’s presence; some states allow printing and then signing, but most require active signing.
- Notarization and seal: The notary administers an oath or affirmation, then signs, stamps, and dates the document.
- Record keeping: Some jurisdictions require the notary to maintain a journal entry or digital record of the notarization.
Required Documents
To streamline the process, gather these items before the appointment. Specific requirements can vary by state or county, so verify locally.
- Original affidavit with a clear title and the declarant’s sworn statements.
- Valid photo ID such as a driver’s license, state ID, or passport; some notaries accept alternate IDs in certain situations.
- If applicable, supporting documents that corroborate the facts stated in the affidavit (dates, contracts, or certificates).
- Optional affidavits or exhibits referenced in the document, prepared for attachment if allowed by local rules.
Choosing The Right Notary
Notaries can be found in banks, banks’ mobile services, law offices, close to courthouses, and online platforms offering remote notarization in jurisdictions where allowed. When selecting a notary, consider:
- Jurisdiction and availability: Ensure the notary is commissioned in the state where the affidavit will be used and can meet your timing needs.
- Notary qualifications: Look for active commission, standard notary oath, and adherence to state rules.
- Certificate type: Some affidavits require a specific notary certificate or wording; confirm the form required by the receiving party or institution.
- Remote notarization eligibility: A growing number of states permit remote online notarizations (RON) with audiovisual verification and secure identity proofing. Check state law and the platform’s accreditation.
In-Person vs Remote Notarization
In-person notarization is the traditional approach. Remote notarization uses video conferencing and electronic seals, subject to state authorization and platform compliance. When choosing, consider:
- Evidence requirements: Some institutions prefer in-person notarization; others accept remote notarizations for affidavits.
- Identity verification: Remote notarization requires robust digital identity verification and secure document handling.
- Record-keeping: Remote services typically provide electronic records and auditable logs; verify retention policies.
Fees and Payment
Notary fees vary by state, county, and service type. Typical components include:
- Notary commission fee: A base fee for the notarization service, often set by state law.
- Certificate fee: A charge for the official notarial certificate attached to the document.
- Travel or expedited service: Additional costs if the notary travels to a location or offers after-hours appointments.
Ask for a written estimate before the appointment, and confirm whether the fee includes the notary’s seal, witnessing, and any required oath or affirmation.
Common Mistakes And How To Avoid Them
- Signing before the appointment: Do not sign the affidavit before meeting the notary; many states require signing in the notary’s presence.
- Incorrect ID or missing IDs: Bring primary and secondary IDs if available; ensure names match the document precisely.
- Missing or unclear statements: Ensure the affidavit contains a clear, factual narrative with dates, locations, and relevant details.
- Wrong certificate wording: Use the correct notarial certificate for the state and the document’s purpose; erroneous wording can cause delays.
- Notarizing a blank document: Do not sign or leave blank spaces; fill in all required fields before the appointment, with the notary ready to witness.
Tips For A Smooth Notarization
- Call ahead: Confirm hours, required documents, and whether appointments are needed.
- Prepare a clean copy: Print a legible version of the affidavit to avoid ambiguity during notarization.
- Ask questions: If any section is unclear, seek clarification from the notary or a legal advisor before signing.
- Security precautions: Handle the document securely, especially if it contains sensitive personal information.