An affidavit of name change is a sworn, notarized statement that links your former legal name to the name you use now. You need one when no single document — a court order, marriage certificate, or divorce decree — proves the connection between the two names on its own. The affidavit fills that documentary gap for passport applications, banks, title companies, licensing boards, and other institutions that need written confirmation you are the same person under both names.
When You Actually Need One
If you already have a court order, marriage certificate, or divorce decree showing the name change, you usually do not need an affidavit at all. Most agencies accept those documents on their own.
The affidavit comes into play when that paperwork does not exist. The classic example is someone who adopted a new name informally years ago, without ever going through a court proceeding or getting married. The State Department spells out the clearest trigger for its own form: you need Form DS-60 when the name you use is substantially different from the name on your citizenship evidence, and the change was not the result of a marriage or court order. In that situation, the passport applicant submits original or certified copies of at least three public documents — tax records, employment records, a driver’s license, or similar — showing exclusive use of the new name for five years or longer. If only two such documents are available, two separate DS-60 affidavits from people who know the applicant by both names can substitute for the missing third document.1U.S. Department of State. DS-60 – Affidavit Regarding a Change of Name
Outside the passport context, banks and title companies sometimes request a general affidavit when updating account records or a real estate deed and the account holder cannot produce a single legal document bridging the two names. The logic is the same: the affidavit fills a gap other paperwork cannot.
One boundary worth knowing. The Social Security Administration does not accept the DS-60 or a generic affidavit for name updates. SSA requires original name-change documents or copies certified by the issuing agency, submitted with Form SS-5.2Social Security Administration. Application for a Social Security Card If your only proof of the name change is an affidavit, SSA will not update your card from it.
What the Affidavit Must Contain
Whether you use a government form like the DS-60 or draft a general affidavit, certain elements must appear for any receiving agency to accept it. Missing even one can get the document rejected.
- Your full former name, spelled exactly as it appeared on the original document (birth certificate, prior ID, or citizenship evidence).
- Your full current name, spelled precisely as you want it to appear on updated records.
- Personal identifying details, including date of birth and place of birth at minimum.
- A plain-language explanation of when and why you began using the new name, and whether it is used exclusively or as an “also known as.”
- A sworn declaration that the statements are true, made under penalty of perjury.
- Signature and date, entered in front of a notary public or other authorized official.
- The notary block: the notary’s signature, seal, commission expiration, and the date of notarization.
The DS-60 adds a few fields specific to passport processing, including the affiant’s Social Security number, mailing address, and a description of how the affiant knows the applicant and for how long.3U.S. Department of State. DS-60 Affidavit Regarding a Change of Name General-purpose affidavits usually omit those fields but should still carry enough identifying information for the receiving institution to match you to their records.
Filling Out the DS-60
The DS-60 is the name change affidavit most people encounter, so it is worth walking through in detail. One important point: the affiant on the DS-60 is not the passport applicant. The affiant is a third party, ideally a blood relative, who has personal knowledge of the applicant’s use of both names and can vouch for the change.1U.S. Department of State. DS-60 – Affidavit Regarding a Change of Name
Start with the passport applicant’s information at the top of the form. Enter the applicant’s current name (last, first, middle, suffix), former name in the same format, date of birth, and place of birth. Then fill in the approximate month and year the applicant began using the current name.
The middle section is about your relationship, as the affiant, to the applicant. Write how many years you have known the applicant and your relationship to them (parent, sibling, spouse, friend, co-worker). Check whether you have known the applicant by both names, and indicate whether the current name is used exclusively or as an alias. The narrative box asks you to explain what you know about the name change in detail. Write in plain English, covering when and why the change happened, and confirming the applicant is known by the new name in their community.
At the bottom, print your full name as the affiant, enter your Social Security number and mailing address, and record the identifying document you will present (driver’s license, passport, or military ID) along with its number, issue date, expiration date, and place of issue. You must also submit a clear photocopy of the front and back of that ID.1U.S. Department of State. DS-60 – Affidavit Regarding a Change of Name
Sign and date the form only in front of a passport agent, passport acceptance agent, or notary public. The date of your signature must match the date of the notary’s or agent’s signature. Signing at home and bringing the form in later will invalidate it.
Filling Out a General Affidavit
When a bank, title company, or licensing board asks for a name change affidavit outside the passport context, you are usually the affiant yourself — the person making the sworn statement about your own name. Many county clerk offices provide blank templates, and downloadable versions are available through state court websites.
Begin by entering your full former legal name, then your current legal name. Write your date of birth, current address, and the date you began using the new name. In the body of the affidavit, describe the reason for the change: marriage, divorce, personal choice, or any other cause. If a court order exists, include the case number, court name, and date of the order. If no court order exists, state that you adopted the name through common usage and have used it exclusively since a specific date.
Close the body with a statement that the information is true and correct to the best of your knowledge, made under penalty of perjury. Leave the signature and date lines blank until you are in front of a notary. Signing beforehand defeats the purpose of notarization.
Getting the Affidavit Notarized
Notarization is what turns a piece of paper into a legally recognized sworn statement. The notary does three things: confirms your identity using a current government-issued photo ID, watches you sign the document, and verifies you are signing voluntarily. If any of those steps is missing, the affidavit can be challenged or rejected.
Notary fees are set by state law and vary widely. State-imposed caps range from as low as $2 per signature in a handful of states to $25 in others, with most falling between $5 and $15. A few states have no cap and allow notaries to set their own rates. Remote online notarization, where available, often carries a higher maximum, typically $25 per signature.
Bring a valid, unexpired photo ID (driver’s license, passport, or state-issued ID card) and the unsigned affidavit. If the notary spots an error, you will need to prepare a corrected version and have it notarized from scratch. Corrections after notarization are not allowed.
Common Mistakes That Cause Rejection
Most affidavit rejections come down to a handful of preventable errors. Knowing them in advance saves you a second trip to the notary.
- Name mismatch. The name on the affidavit does not match the name on your supporting documents exactly. Even a missing middle name or a misspelled suffix can trigger a rejection.
- Pre-signed form. Signing before you are in front of the notary or authorized agent invalidates the document. The notary must witness the signature in real time.
- Expired ID. The identification you present to the notary must be current. An expired driver’s license or passport will not work.
- Missing supporting documents. For the DS-60 specifically, forgetting to attach a photocopy of the affiant’s ID, or failing to provide the required public documents showing five years of name use, will stall the application.1U.S. Department of State. DS-60 – Affidavit Regarding a Change of Name
- Date mismatch on the DS-60. The affiant’s signature date must match the notary’s or passport agent’s date. If they differ, the form is invalid.
- Notarized corrections. Crossing out an error and initialing it after notarization does not fix the problem. You need a fresh affidavit notarized from scratch.
Legal Consequences of False Statements
A name change affidavit is a sworn statement, and lying on one carries real criminal exposure. Under federal perjury law, anyone who willfully makes a false material statement under oath or under penalty of perjury faces up to five years in prison, a fine, or both.4Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally A separate federal statute covering false statements made to government agencies carries the same five-year maximum.5Office of the Law Revision Counsel. 18 USC 1001 – Statements or Entries Generally
Courts also will not grant a name change, or accept an affidavit supporting one, when the purpose is to dodge creditors, evade law enforcement, or commit fraud. Some states require applicants with felony convictions to undergo fingerprinting and criminal background checks before a petition will be heard, and the resulting reports often must be dated within 90 days of the filing. The cost for those background checks generally runs between $27 and $43, depending on the state and whether both state and FBI checks are required.