Name Change Affidavit: One and the Same Person (Free Template)
Direct Answer
A name change affidavit is a sworn, notarized statement that confirms the affiant is one and the same person under a former legal name and a current legal name, identifies the underlying basis for the change (marriage, divorce, court order, naturalization, common-law usage, or misspelling correction), and is used to update Social Security Administration, DMV, passport, voter-registration, bank, deed, and professional-license records. The full name change affidavit template below is attorney-drafted with six basis options, the evidentiary-not-legal-change disclaimer, the fraud attestation, and a clean jurat block.
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SSA · DMV · Passport ready
One and the same person
The Name Change Affidavit Template
The affidavit below is built to surface a name change to the agencies and institutions that need to update their records. Eleven numbered paragraphs cover the affiant's identification, the prior and current legal names, the date of change, the six basis options (marriage, divorce, court order, naturalization, common-law usage, misspelling correction), the explicit one-and-the-same-person statement, the certified basis document exhibit reference, the fraud attestation (not to evade debts, judgments, criminal liability, or sex-offender registration), the authority to act, the list of agencies receiving the affidavit, and the critical Paragraph 11 disclaimer that the affidavit is evidentiary only and not a legal name change in itself.
STATE OF [STATE] )
) ss.
COUNTY OF [COUNTY] )
NAME CHANGE AFFIDAVIT
(One-and-the-Same Identity Affidavit
Linking Prior Name to Current Name)
BEFORE ME, the undersigned authority, on this day personally
appeared [Affiant Full Legal Name (Current)] (the "Affiant"),
who, being by me first duly sworn upon oath, deposed and stated
as follows:
1. AFFIANT QUALIFICATIONS. Affiant's full legal name as of
the date of this Affidavit is [Affiant Current Full
Legal Name]. Affiant resides at [Street Address, City,
County, State, ZIP]. Affiant is over the age of eighteen
(18) years and competent to make this Affidavit.
Affiant has personal knowledge of the facts stated
herein.
2. IDENTITY. Affiant was born on [Date of Birth] in [City,
State, Country of Birth]. Affiant's Social Security
number ends in [Last Four Digits Only]. Affiant's
current state-issued photo identification is:
Type: [Driver's License /
State ID / U.S. Passport /
Permanent Resident Card]
Issuing Authority: [State / U.S. Department
of State / USCIS]
ID / License Number: [Number]
Date of Issue: [MM/DD/YYYY]
Date of Expiration: [MM/DD/YYYY]
3. PRIOR NAME. Affiant was previously known by, and is
identified in prior records by, the following name (the
"Prior Name"):
Prior Full Legal Name: [Full Prior Legal Name]
Variants on prior
records (if any): [Any spelling variants,
hyphenated forms, or
middle-name/initial
variants]
Dates Affiant was
known by the Prior
Name: [From MM/YYYY to MM/YYYY]
4. CURRENT NAME. Affiant's current full legal name (the
"Current Name") is:
Current Full Legal
Name: [Full Current Legal Name]
Date the Current Name
became Affiant's legal
name: [MM/DD/YYYY]
5. REASON FOR THE CHANGE. Affiant changed from the Prior
Name to the Current Name by reason of (select the
applicable basis and attach the corresponding primary
document as Exhibit A):
[ ] (a) Marriage. Affiant and [Spouse Full Legal Name]
were married on [Date of Marriage] in [City,
County, State]. Marriage certificate attached
as Exhibit A.
[ ] (b) Divorce or annulment restoring a prior name.
Affiant's marriage to [Former Spouse Full
Legal Name] was dissolved or annulled by
decree entered on [Date] in [Court Name],
Cause No. [____], which decree restored
Affiant's prior name. Certified decree
attached as Exhibit A.
[ ] (c) Court order. A court of competent
jurisdiction entered an order changing
Affiant's name on [Date], in [Court Name],
Cause No. [____]. Certified copy of the
order attached as Exhibit A.
[ ] (d) Naturalization. Affiant was naturalized as a
citizen of the United States on [Date]; the
Certificate of Naturalization reflects
Affiant's Current Name. Copy of the
Certificate of Naturalization attached as
Exhibit A.
[ ] (e) Common-law change of name. Affiant has
continuously, openly, and in good faith used
the Current Name since [Date], without intent
to defraud any creditor, government agency,
or other person. Affiant resides in a state
that recognizes common-law name change.
Affiant attaches as Exhibit A documentation
evidencing continuous public use of the
Current Name (utility bills, bank
correspondence, employer records, tax
returns).
[ ] (f) Correction of administrative misspelling. The
Prior Name reflects a misspelling or
transcription error on a prior record. The
Current Name is, and always has been,
Affiant's true legal name. Affiant attaches
as Exhibit A a copy of the birth certificate,
passport, or other primary identity document
showing the Current Name.
6. ONE-AND-THE-SAME STATEMENT. Affiant solemnly affirms
that the person identified as [Prior Full Legal Name]
on prior records, accounts, instruments, or
registrations, and the person identified as [Current
Full Legal Name] on this Affidavit, are ONE AND THE
SAME PERSON, and that Affiant is that person.
7. RECORDS TO BE UPDATED. Affiant submits this Affidavit
in connection with the updating of one or more of the
following records to reflect the Current Name:
[ ] Social Security record
[ ] U.S. passport
[ ] State driver's license or state-issued ID
[ ] Voter registration
[ ] Bank or credit union account (Institution:
________________________________)
[ ] Brokerage or retirement account (Custodian:
________________________________)
[ ] Real-property deed or title (Property:
________________________________)
[ ] Employer payroll or benefits record (Employer:
________________________________)
[ ] Professional license (Board / License Type:
________________________________)
[ ] Diploma, transcript, or alumni record (School:
________________________________)
[ ] Other (specify): _______________________________
8. CONTINUING USE OF PRIOR NAME (if applicable). Affiant
[does / does NOT] continue to use the Prior Name for
any purpose. If yes, the Prior Name is currently used
for the following limited purposes only: [Specify, e.g.,
professional publications under maiden name, prior-year
tax-return continuity, security-clearance file
continuity].
9. NO FRAUDULENT PURPOSE. Affiant has not changed names,
and is not seeking the record update described in
Paragraph 7, for any of the following purposes: to
evade or defraud any creditor; to evade any civil
judgment, criminal warrant, or court order; to
misrepresent identity to any government agency; or to
avoid any pending civil or criminal proceeding. Affiant
is not a registered sex offender. Affiant is not the
subject of any pending criminal indictment, information,
or arrest warrant.
10. INDEMNIFICATION OF RECIPIENT. Affiant acknowledges that
the institution, agency, or recording office to which
this Affidavit is delivered (the "Recipient") is acting
in reliance on this Affidavit when updating its
records. Affiant agrees to indemnify and hold the
Recipient harmless from any loss caused by the falsity
of any statement in this Affidavit. This indemnification
does not waive any rights of the Recipient under
applicable state or federal law and does not limit the
Recipient's right to require additional primary
documents (a certified marriage certificate, certified
divorce decree, certified court order, Certificate of
Naturalization, or REAL-ID-compliant identification)
before completing the record update.
11. NOT A LEGAL NAME CHANGE. Affiant understands that this
Affidavit is an evidentiary identity statement only and
does not, by itself, legally change Affiant's name in
any state that requires a court order or marriage-based
statutory change. Where state law or institutional
policy requires a court order, marriage certificate, or
naturalization certificate to effect the change of
name on its records, Affiant will produce that primary
document in addition to this Affidavit.
FURTHER AFFIANT SAYETH NAUGHT.
Executed on this ____ day of ________________, 20____.
____________________________________
AFFIANT
[Current Full Legal Name]
Specimen signature in Current Name
____________________________________
AFFIANT
[Prior Full Legal Name]
Specimen signature in Prior Name
PENALTY-OF-PERJURY DECLARATION (Federal Alternative).
Pursuant to 28 U.S.C. Section 1746, Affiant declares under
penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
Executed on _______________ at _______________________.
____________________________________
AFFIANT
JURAT / NOTARY ACKNOWLEDGMENT
STATE OF ______________________ )
) ss.
COUNTY OF _____________________ )
Sworn to and subscribed before me by [Affiant Current Full
Legal Name], also known as [Affiant Prior Full Legal Name], on
this ____ day of ________________, 20____, who is personally
known to me OR produced ______________________________ as
identification, and who being duly sworn deposed that the
statements in the foregoing Affidavit are true and correct of
the Affiant's own personal knowledge.
____________________________________
NOTARY PUBLIC, State of __________
Printed Name: ______________________
My Commission Expires: _____________
Notary Seal:
EXHIBITS:
Exhibit A: Primary document evidencing the name change
under the basis selected in Paragraph 5
(certified marriage certificate; certified
divorce decree; certified court order;
Certificate of Naturalization; or, for common-
law change, documentary evidence of continuous
public use).
Exhibit B: Photocopy of Affiant's current government-
issued photo identification (showing the
Current Name where the primary document and
the ID match; otherwise the ID showing the
Prior Name with a notation that the ID is
pending update).
Exhibit C: Copy of Affiant's Social Security card (if the
update being requested is to a financial,
employer, or tax record that requires SSN
cross-verification).
The SSA, DMV, and Passport Update Cascade
Five steps from identifying the legal basis through cascading updates across federal, state, and institutional records. The two failure points to watch are basis identification (no basis means no affidavit; a court petition is required instead) and update order (SSA first, then DMV, then passport, then institutional).
- 1
Identify the legal basis for the change
The affidavit recognizes an underlying legal change, it does not create one. Identify the basis (marriage certificate, divorce decree, court name-change order, naturalization certificate, common-law pattern of use, or misspelling correction) and pull a certified copy of the basis document. Without an underlying legal basis, a court petition is required and the affidavit is the wrong instrument.
- 2
Fill in the template below
Replace each bracketed placeholder with the case-specific facts: the affiant's prior legal name and the current legal name, both spelled exactly as they appear on the relevant records; the date and basis of change; the certified basis document attached as an exhibit; an attestation that the affiant is not changing the name to evade debts, judgments, criminal liability, or sex-offender registration; and the list of agencies and institutions that will receive the affidavit.
- 3
Sign before a notary public
Do not pre-sign. The affidavit is sworn under penalty of perjury, and the notary must witness the signature in person, administer the oath, and complete the jurat. Bring photo identification under both the prior name and the current name if available; if only one is available, the notary will record the identification document and the affidavit will use the matching name for the signature line.
- 4
Update the SSA first, then the DMV, then the passport
The Social Security Administration is the authoritative federal record; update it first using Form SS-5 with the certified basis document. The SSA reissues the card; that card is the document the DMV requires to update the driver license. The DMV-issued license is the document the passport office, banks, and most state agencies require. The cascade matters: out of order, agencies refuse the updates.
- 5
Use the affidavit to update remaining institutional records
Present the affidavit (with the certified basis document) to banks, brokerages, credit card issuers, voter registration, professional licensing boards, deed records (for real property owned in the prior name), professional registrations, and any other institution holding records in the prior name. Some institutions accept the affidavit directly; others require their own internal form signed alongside.
Affidavit or Court Petition: Which Route Applies
A name change affidavit is an evidentiary instrument that recognizes an underlying legal name change and surfaces that change to agencies and institutions that need it. The affidavit does not change the affiant's legal name; the underlying event (marriage, divorce, court order, naturalization, common-law usage, misspelling correction) is what changes the legal name. The affidavit is the messenger; the basis is the engine.
The most common confusion is the petition-versus-affidavit distinction. A name change petition under the state name-change statute (California Code of Civil Procedure 1275-1279.6, New York Civil Rights Law 60-65, equivalents in every state) asks a court to enter a decree changing the petitioner's legal name. The court reviews, orders newspaper publication if required, considers objections, and enters a decree. The decree is the legal change. A name change affidavit, by contrast, never creates the change; it only confirms a change that already happened by other means.
The affidavit's utility is in the cascade. The Social Security Administration is the authoritative federal record; the SSA card is the document the DMV requires to update the driver license; the driver license is the document the passport office, banks, and most institutional record-keepers require. The cascade matters: if the order is broken, agencies refuse the updates and the affidavit alone cannot force them to act. A clean cascade can complete the institutional updates within sixty days; a broken cascade can drag on for months.
State-by-state recognition of common-law name change varies. Most states recognize a name change established by consistent use over time, paired with the affidavit and supporting documentary evidence. A few states (notably Hawaii and Oklahoma) require a court order for any name change beyond marriage and divorce restoration. Some federal agencies (the Social Security Administration in particular) require a court order or marriage certificate and will not accept a common-law affidavit. Confirm both state and federal acceptance before committing to the common-law route; if the SSA will not update on the common-law basis, the entire cascade collapses.
Six Bases That Support the Affidavit
The affidavit is the bridge instrument across six basis categories. The template below carries each option; pick one basis and attach the matching certified basis document as Exhibit A.
Marriage name change
Affiant adopted the spouse's surname or hyphenated combination at marriage. The marriage certificate is the legal basis; the affidavit bridges to records that did not receive the certificate directly (banks, deeds, professional licenses).
Divorce restoration
Divorced affiant restored the maiden name (or another prior name) in the divorce decree. The decree language is the legal basis; the affidavit bridges to records held under the married name.
Court-ordered name change
Affiant petitioned a state court for a name change and received a decree. The decree is the legal basis; the affidavit bridges to records that may not accept the decree directly (older account systems, professional registries).
Naturalization
Affiant changed name during the naturalization process; the naturalization certificate carries the new name. The certificate is the legal basis; the affidavit bridges to records held under the pre-naturalization name.
Common-law usage
Affiant has consistently used the new name in personal, professional, and financial contexts over time. Most states recognize the common-law change; the affidavit, paired with documentary evidence of consistent use, surfaces the change to records held under the prior name. A few states require a court order regardless; confirm state recognition before relying on this basis.
Misspelling correction
Affiant's legal name was misspelled on a birth certificate, marriage certificate, or other foundational document and the misspelling propagated to other records. The affidavit confirms the correct spelling and is used alongside the corrected basis document to update agency records.
No basis means no affidavit.
An adult who wants a new legal name with no underlying marriage, divorce, court order, naturalization, common-law pattern, or misspelling cannot use this affidavit. The court-petition route is required in every state, and a petition under /get-a-quote is the right starting point.
Name Change Affidavit FAQs
Sourced from the People Also Ask box for name change affidavit, one and the same person affidavit, and how to legally change your name.
What is a name change affidavit?
What is the difference between a name change affidavit and petition?
How much does it cost to legally change your name?
Do I need a court order to change my name?
Can I change my name without going to court?
How do I change my name after marriage?
What documents do I need to change my name?
How long does a legal name change take?
Court-Ordered Name Change? Talk to an Attorney
If the underlying event will not work as a basis (an adult who wants a different legal name with no marriage, divorce, naturalization, or common-law pattern), a court petition under the state name-change statute is the only route in every state. An attorney drafts the petition, handles newspaper publication if required, appears at the hearing, and delivers the decree. If a basis IS available, the attorney drafts the affidavit and routes the cascade through the SSA, DMV, passport office, and institutional records.