Notarizing Affidavits: A Step-by-Step Guide

Affidavits are powerful legal documents used to declare facts under oath. From court cases to real estate transactions, affidavits are common across many legal and professional fields. To be valid, most affidavits must be notarized. This ensures the statement was signed by the person making the claim (the affiant) and done so willingly, truthfully, and with proper identification.

Here’s a step-by-step guide to notarizing affidavits correctly and legally.

What Is an Affidavit?

An affidavit is a written statement confirmed by oath or affirmation, used as evidence in court or other legal matters. It typically includes:

• The name of the affiant (the person making the statement)

• A statement of facts

• A jurat (notarial certificate) where the notary swears in the affiant

• The affiant’s signature

• The notary’s signature and seal

Affidavits must be truthful, and knowingly submitting a false affidavit is considered perjury.

Step-by-Step Guide to Notarizing an Affidavit

✅ Step 1: Review the Document

Make sure the affidavit is complete and contains no blank sections—but don’t sign it yet.

✅ Step 2: Confirm the Identity of the Affiant

The notary must verify the signer’s identity using a valid, government-issued photo ID, such as a driver’s license or passport.

✅ Step 3: Administer the Oath or Affirmation

The key part of an affidavit is the jurat, where the affiant swears or affirms that the contents are true. The notary will ask:

“Do you swear (or affirm) that the statements in this affidavit are true to the best of your knowledge and belief?”

The signer must answer “yes” aloud.

✅ Step 4: Witness the Signature

The affiant must sign the affidavit in the presence of the notary after taking the oath or affirmation.

✅ Step 5: Complete the Jurat Certificate

The notary fills out the jurat, including the date, location, affiant’s name, and notary commission details, then signs and applies their seal.

✅ Step 6: Record the Notarization

In many states, notaries must log the event in a notary journal, documenting the date, type of document, method of identification, and any notes.

Tips for Affiants (Signers)

• Don’t pre-sign your affidavit—sign only in front of the notary.

• Bring valid ID with your current name and photo.

• Ask questions if unsure about the oath process—but not for legal advice.

• Double-check the spelling of your name and other details before finalizing.

  
  

Final Thoughts

Affidavits are sworn statements that can carry legal consequences. As a notary, your job is to ensure the signer understands the importance of telling the truth, signs in your presence, and that the entire process is handled properly. With this step-by-step guide, both notaries and signers can feel confident that their affidavit is legally sound and professionally executed.