A One and the Same Affidavit is a short, notarized statement in which you swear that two or more names appearing in official records all refer to you. Title companies, banks, insurers, and probate courts ask for one when a document shows a version of your name that does not exactly match your ID, so they can close the file without treating the mismatch as possible fraud. The form is usually a single page, but you sign it under penalty of perjury, and that is what gives it legal weight.
When You’d Need One
Real estate is the most common trigger. A deed recorded under “Robert J. Smith” and a driver’s license reading “Robert James Smith” can stall a closing because the title company cannot confirm those are the same owner without a sworn statement bridging the gap. Mortgage lenders and title insurers routinely flag these mismatches and will not proceed until the discrepancy is resolved.
Marriage and divorce create the next wave. Someone who changed their surname after marriage may still hold bank accounts, vehicle titles, or retirement accounts under their birth name. Inherited property brings the same problem from the other direction: the name on a death certificate may not match the name on the decedent’s deed or account, and the executor or heir has to prove the connection before anything transfers.
Smaller discrepancies cause just as much trouble. A missing middle initial, an abbreviated first name (“Wm.” for “William”), a “Jr.” left off a title, or an old data-entry typo can all block an administrative process. The affidavit puts your sworn word on record that every listed variation is you and no one else.
What Goes on the Form
Forms vary by institution. A bank or title company may hand you their own version, but the core fields are the same:
- Your current full legal name, exactly as it appears on your government-issued ID.
- Every name variation you need to link to yourself — alternate spellings, maiden name, married name, abbreviations, typos. Copy each one exactly as it appears on the document in question, even if it contains an error.
- A pre-printed statement of identity declaring that you are “one and the same person” as the individual identified under each listed name.
- A jurat block showing the state and county where you sign and the date, with space for the notary’s signature, printed name, commission number, and expiration date.
- A signature line. Leave it blank until you are in front of the notary.
Some forms include a line for a brief explanation of how the discrepancy arose. If yours does not, you can add one factual sentence in the body: “Affiant’s middle name was omitted from the deed recorded on [date]” is enough.
AKA, NKA, and FKA
Name variations fall into three categories, and using the correct label tells the receiving institution what kind of mismatch it is looking at. The American Society of Notaries defines them this way:
- AKA (Also Known As): You go by a variation of your legal name — a nickname, a shortened form, a spelling difference. “Robert Smith AKA Bob Smith” is the classic example. The notary may ask for a secondary form of ID showing the alternate name.
- NKA (Now Known As): You changed your name entirely and the document still shows the old one. A person whose deed reads “Jane Doe” but whose current ID reads “Jane Roe” after marriage would sign as “Jane Doe, NKA Jane Roe.” The notary needs to see proof of the transition — marriage certificate, divorce decree, or court order.
- FKA (Formerly Known As): The mirror of NKA. The document shows your new name, but your ID still carries the old one. You sign as “Jane Roe, FKA Jane Doe,” with the same transition evidence.
The American Society of Notaries cautions that name affidavits should not be used to paper over document-preparation errors that produced a completely wrong name. If the deed says “John Q. Adams” and your name is “James P. Adams,” the right fix is to correct the document at its source, not to swear under oath that you go by a name you have never used.1American Society of Notaries. Identifying the Signer
Documents to Bring
The affidavit clears review faster when you attach copies of documents that independently show the name variations. Gather what applies:
- A current government-issued photo ID (passport, driver’s license, or state ID). The notary requires this regardless.
- A certified copy of the marriage certificate or divorce decree, if the name change came from either.
- A birth certificate, useful when a middle name was dropped or abbreviated on later documents.
- A court order, if the name change did not come from marriage or divorce.
- The document containing the discrepancy itself — the deed, bank statement, insurance policy, or other record that triggered the need for the affidavit.
You do not always need every item on that list. A straightforward typo on a deed paired with a matching driver’s license may be enough. For name changes involving a completely different surname, expect the title company or bank to ask for the marriage certificate, divorce decree, or court order in addition to the affidavit.
Getting It Notarized
The affidavit has no legal effect until you sign it in front of a notary public who then applies their official seal. The whole point of the document is that a commissioned officer witnessed your oath.
Bring the completed-but-unsigned affidavit and your photo ID to any commissioned notary. Banks, UPS stores, law offices, and county clerk offices commonly offer notary services. The notary verifies your identity, watches you sign, administers an oath or affirmation that the contents are true, and completes the jurat block with signature, seal, and commission details.
Notary fees are set by state law and are generally modest. Statutory maximums range from $2 per signature in New York to $25 for an electronic notarization in Colorado, with most states capping fees between $5 and $15 per notarial act.2Colorado Secretary of State. Notary Public FAQs – Fees Some states have no statutory cap. Banks often notarize documents free for account holders.
Witnesses are generally not required. The notary’s seal alone satisfies execution in most jurisdictions. The rare exception is when you cannot produce valid photo ID, in which case a credible witness who knows you personally may vouch for your identity to the notary.
Where to Submit It
Where the affidavit goes depends on what triggered the need:
- For a real estate closing, hand the original notarized affidavit to the title company or closing agent. They typically record it with the county recorder alongside the deed, so the name link becomes part of the permanent property record.
- For a bank or financial institution, deliver the original to the branch or department that requested it. Some banks will only accept their own form, so ask before your notary appointment.
- For probate or estate matters, submit the affidavit to the institution holding the decedent’s assets, along with a certified copy of the death certificate and proof of your right to inherit or administer the estate.
- For an insurance company, mail or upload the notarized original to the claims or policy-servicing department. Life insurance payouts are a common context, since the beneficiary’s name on the policy may not match their current legal name.
Keep at least one copy for your records. If the affidavit is being recorded against a property title, the county recorder will return a stamped copy after processing. For everything else, photocopy the notarized original before handing it over.
When an Affidavit Won’t Work
A One and the Same Affidavit resolves variations of the same underlying name: abbreviations, misspellings, maiden-to-married transitions, and similar discrepancies. It does not substitute for a formal court-ordered name change when the names involved are materially different.
The U.S. State Department draws this line in its Foreign Affairs Manual. A material name change, meaning one that goes beyond minor or logical variations, must be documented by a court order, marriage certificate, divorce decree, certificate of naturalization, or proof of a name change under state law.3U.S. Department of State. 8 FAM 403.1 Name Usage and Name Changes A sworn affidavit alone will not satisfy that requirement. Most state courts follow the same principle: if the two names share no obvious connection, the institution receiving the affidavit will reject it and point you to a court petition.
USAGov notes that a court name-change petition typically requires filing paperwork with your local court and, in many jurisdictions, appearing before a judge.4USAGov. How to Change Your Name and What Government Agencies to Notify Once you have the court order, you use it in place of an affidavit to update records across every institution.
How Long It’s Good For
A notarized One and the Same Affidavit does not expire. The notarization is valid as long as the notary’s commission was active on the date of signing, and the sworn statement remains a permanent record linking the listed names to you. Some institutions may ask for a recently executed affidavit if yours is several years old. There is no legal requirement to comply, but in practice it is easier to get a fresh one notarized than to argue the point.
Once the affidavit is recorded against a property title, it becomes part of the public land record permanently. Future title searches pick it up automatically, so the same discrepancy should not hold up another transaction on that property.
The Perjury Risk
Because you sign under oath, deliberately stating that a name belongs to you when it does not is perjury. Under federal law, perjury carries a fine and up to five years in prison.5Office of the Law Revision Counsel. United States Code Title 18 – Section 1621 State penalties vary but follow a similar structure. Beyond criminal exposure, a fraudulent affidavit can void the transaction it supported: a property transfer, insurance payout, or account change built on a false identity statement can be unwound entirely. Only list names you have genuinely used.