Yes — you can make up your own last name. Adults in the United States are free to adopt a completely invented surname with no family or historical tie to it, and the standard way to make that name legally yours is to file a petition for a court-ordered name change. Most courts process these in two to eight weeks. The main limits are that the new name can’t be chosen to commit fraud, dodge a criminal matter, impersonate someone, or offend public decency. Within those boundaries, judges routinely approve invented surnames.
The Two Ways to Adopt an Invented Surname
There are two recognized routes, and only one of them is practical if you want the new name on official documents.
Court-Ordered Name Change
You file a petition in your local court asking a judge to approve the new name. If granted, you walk out with a signed decree that every government agency and private institution will accept. The Social Security Administration, the DMV, passport offices, banks, and employers all treat the court order as proof.
Common-Law Name Change
Under common law, you can also go by any name you choose simply by using it consistently and not for a fraudulent purpose. No filing required. In theory, introducing yourself with the new name, signing documents with it, and building a record of consistent use is enough.
In practice, this route runs into a wall quickly. Banks, insurers, and government agencies generally require a court order before they’ll update your records. You won’t get a new Social Security card, driver’s license, or passport without one. The common-law right exists, but if you want your invented surname to appear on anything official, you’ll need the court petition.
What Courts Won’t Allow
Judges have broad discretion over name change petitions, and the specific grounds for denial vary by state. A few categories get rejected nearly everywhere.
- Names chosen for fraud. Courts deny petitions where the new name is intended to dodge debts, evade law enforcement, or mislead others. Applications already require you to swear under oath that the change isn’t for fraudulent purposes, and many states run a background check.
- Obscene or offensive names. Slurs, profanity, or language likely to provoke a hostile public reaction will be rejected.
- Names with numbers or symbols. Most state database systems only handle alphabetic characters, so “J0hn” or “$mith” gets denied for practical reasons.
- Names chosen to impersonate. Adopting a celebrity’s exact name with intent to impersonate is grounds for denial. Sharing a name with someone famous isn’t itself the problem; deceptive intent is.
Despite what some guides suggest, surnames like “Prince” or “Duke” aren’t automatically rejected as implied titles of nobility. Both are common American surnames. Courts evaluate each petition individually rather than running a blanket list of banned words. Good faith is what matters.
Residency and Age
You file in the county where you live, and most states set a minimum residency period before you’re eligible. These range from 30 days to two years, with six months being the most common. Submitting a petition before you’ve met the requirement wastes the filing fee, so check your county court’s rule first if you’ve recently moved.
Most states require the petitioner to be at least 18. Minors need a parent or guardian to file for them, usually with written consent from both legal parents.
Filing the Petition
Start at your county clerk’s office or the state court website, where you can pick up or download a “Petition for Change of Name.” The form asks for your current legal name, date of birth, address, Social Security number, and the new name you want. You’ll also give a reason. “Personal preference” is accepted in most jurisdictions as long as the statement is truthful.
Supporting documents typically include a certified copy of your birth certificate and a valid government-issued photo ID. Many states also require fingerprinting and a criminal background check before the petition moves forward. Gather everything before you file; missing documents are the most common reason petitions stall at the clerk’s window.
What It Costs
A court name change involves three main costs.
- Filing fee. Roughly $150 to $500 depending on the jurisdiction. Some counties charge under $100; metropolitan courts tend toward the higher end.
- Newspaper publication. Where required, publishing the legal notice typically runs $30 to $200, depending on the paper’s rates and how many weeks of publication your state requires.
- Certified copies of the decree. You’ll want several for updating records in parallel. Each copy runs about $2 to $40 depending on the court.
If you can’t afford the fees, most courts accept a request to waive them. You file a separate form (often called a fee waiver request or a petition to proceed “in forma pauperis”) with financial documentation. You generally qualify if you receive means-tested public benefits, if your household income falls below the court’s threshold, or if paying would prevent you from meeting basic living expenses. Waivers typically cover the filing fee and sometimes publication costs, though coverage varies by court.
Timeline: Publication, Hearing, and Decree
After you file, most states require you to publish a notice of the name change in a local newspaper so creditors, law enforcement, or anyone with a legitimate objection has a chance to come forward. The common requirement is once a week for four consecutive weeks. Some states require only a single publication, and a few have eliminated the requirement entirely.
A growing number of jurisdictions waive publication for name changes connected to gender identity, recognizing the safety and privacy concerns. At least 18 jurisdictions have adopted this exception so far.
Once the publication period ends, the court sets a hearing. In uncontested cases, this is brief, sometimes just a few minutes. The judge reviews the petition, confirms the change isn’t being made for fraud or another prohibited purpose, and signs the decree. If someone files an objection, the judge hears both sides first.
From filing to final decree, most states run two to eight weeks. A handful take four or five months, particularly where courts are backlogged or publication requirements are lengthy. Budget extra time if you live in a large metro area with heavy dockets.
Situations That Add Complications
A felony conviction doesn’t automatically disqualify you from changing your name, but it adds scrutiny. Most states require a criminal background check, and judges look harder at whether the change could be used to conceal a criminal history or interfere with a pending case. Registered sex offenders face the steepest barriers: some states prohibit name changes outright for people on the registry, and in states that allow it, federal regulations require the offender to appear in person and update their registration within three business days of the change.1eCFR. Part 72 Sex Offender Registration and Notification People on supervised release may also need to notify their parole officer when filing.
Lawful permanent residents who change their name through a U.S. court need to update their Green Card by filing Form I-90 with USCIS, along with the court order and documents showing both the old and new names.2USAGov. How to Renew or Replace Your Permanent Resident Card (Green Card) The existing card stays valid while USCIS processes the replacement, which can take several months. Visa holders on temporary status should consult an immigration attorney before petitioning, because the interaction between a court-ordered name change and visa documentation can vary by category.
For minors, both living legal parents generally have to consent in writing, and contested cases turn on the child’s best interests at a hearing.
Making the New Name Stick: Updating Your Records
The court decree is proof of the new name, but it doesn’t update anything on its own. You take it to each agency and institution yourself. Get multiple certified copies before leaving the courthouse so you can update several places in parallel.
Social Security Administration
Start here. Almost every other agency verifies your identity against SSA records. Submit a completed Form SS-5 with the court order and a valid ID. SSA requires original documents or copies certified by the issuing agency; photocopies and notarized copies aren’t accepted.3Social Security Administration. Learn What Documents You Will Need to Get a Social Security Card Don’t delay this step. If the name on your tax return doesn’t match SSA’s records, the IRS can’t process the return correctly and your refund may be held up.4Internal Revenue Service. Changed Your Name After Marriage or Divorce
Driver’s License and State ID
Visit your state DMV with the court decree and your current license. Most states require you to update SSA first and wait 24 to 48 hours before requesting a new license, so the DMV’s system can verify the new name against Social Security’s database.
Passport
Timing determines the form. If both your passport was issued and your name was legally changed within the past year, submit Form DS-5504 by mail with the court order, your current passport, and a new photo at no charge. If more than a year has passed since either event, you’ll renew using Form DS-82 by mail or apply fresh with Form DS-11 in person, both of which require a fee.5U.S. Department of State. Change or Correct a Passport
Banks, Employer, and Everything Else
Notify every bank, credit card company, loan servicer, and investment firm where you hold an account, bringing the decree and a new government-issued ID. Credit bureaus pick up the new name automatically through creditors’ normal reporting; your old name stays on the report as a historical alias. Tell your employer promptly so payroll and tax records reflect the new name. If you own real estate, your existing deed doesn’t update automatically — a new deed recorded with the county reflecting your current legal name is usually needed, which a real estate attorney or title company can handle. Professional licenses issued by state boards also need updating through each board’s name change process.