Identity Records / Sworn Document

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.

Attorney-drafted form opens in Word or any PDF reader. Free, no email required. Read the template on this page first →

Reviewed by Christopher Davis, Esq., Estate Planning AttorneyPennsylvania & New Jersey Bar
Name change affidavit template with affiant identification, prior and current legal name attestation, six basis options, certified basis document exhibit, fraud disclaimer, evidentiary not legal change notice, and notary jurat
Attorney drafted
Reviewed by Christopher Davis, Esq., Estate Planning Attorney
Six basis options
Marriage, divorce, court order, naturalization, common-law, misspelling
Fraud disclaimer
Not to evade debts, judgments, criminal liability, or sex-offender registration
Evidentiary instrument
Bridges the underlying legal basis to agency records; never the legal change itself
The Template

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.

name-change-affidavit.docx
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 Cascade

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).

Five-step name change affidavit workflow from legal basis identification through template fill, notarization, and cascading updates to SSA then DMV then passport then bank and institutional records
  1. 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. 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. 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. 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. 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.

Petition vs Affidavit

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

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.

People Also Ask

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?
A name change affidavit is a sworn, notarized statement that confirms the affiant is one and the same person under a former name and a current name, identifies the legal basis for the change (marriage, divorce, court order, naturalization, common-law usage, or correction of a misspelling), and is used to update agency and institutional records to the current name. It is an evidentiary instrument, NOT a legal name change: the affidavit recognizes an existing legal change (the underlying marriage certificate, divorce decree, court order, or naturalization certificate is the actual legal basis) and bridges that change to records held by the SSA, DMV, passport office, voter registration, financial institutions, deed records, and other agencies.
What is the difference between a name change affidavit and petition?
A name change petition is a court filing 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) that asks the court to enter a decree changing the petitioner's legal name. The court issues an order; that order is the legal change. A name change affidavit is the sworn document signed AFTER an underlying legal change (marriage, divorce, naturalization, common-law usage, or court order) to surface the change to agencies that did not receive the underlying document. Petition is the engine of the change; affidavit is the messenger.
How much does it cost to legally change your name?
Name change costs vary by state, county, and underlying basis. Court filing fees for a petition typically range from $25 to $500. Newspaper publication, if required by the state, runs from $50 to $400 depending on the local newspaper and the publication period. The state may waive fees on an in forma pauperis application showing indigency. For marriage and divorce-based changes, the underlying certificate or decree is the legal basis and there is no separate name-change petition fee; the affidavit cost is the notary fee only. Costs for legal assistance vary by complexity and engagement scope.
Do I need a court order to change my name?
Not always. Marriage, divorce, naturalization, and (in most states) common-law usage are legal bases for a name change without a separate court order; the marriage certificate, divorce decree, naturalization certificate, or pattern of consistent use is the legal basis. For a change with no underlying event (an adult who simply wants a different legal name), the court order is required in every state; the affidavit alone is insufficient. The affidavit recognizes the underlying basis; the basis itself is what makes the change legal.
Can I change my name without going to court?
Yes, if the change is anchored to an underlying legal event recognized by the state. Marriage: file the marriage certificate with the SSA and use the affidavit to update other records. Divorce: the divorce decree typically restores the prior name, no separate court order needed for the restored name. Naturalization: the naturalization certificate is the legal basis. Common-law name change (recognized in most states): consistent use of the new name over time, plus the affidavit, plus updates to agency records, complete the change. For changes outside these channels (adult wanting a completely new legal name), a court petition is required in every state.
How do I change my name after marriage?
Five steps. First, obtain certified copies of the marriage certificate from the issuing county clerk. Second, update the Social Security Administration record: file Form SS-5 with the certified marriage certificate; the SSA reissues the card with the new name and that becomes the authoritative federal record. Third, update the state driver license at the DMV: bring the new SSA card, the certified marriage certificate, and the affidavit. Fourth, update the US passport: file Form DS-5504 (if within one year of issuance) or Form DS-82 with the certified marriage certificate. Fifth, update bank accounts, voter registration, deed records, professional licenses, and any other institutional record using the affidavit as the linking instrument.
What documents do I need to change my name?
The basis document (marriage certificate, divorce decree, court order, naturalization certificate, or pattern-of-use evidence for common-law changes) is the core requirement. Certified copies (not photocopies) of the basis document are needed; the SSA, DMV, and passport office will return uncertified copies. The name change affidavit is the bridge document used to update records that do not require the basis document directly (banks, professional licenses, deeds). Photo identification under both the prior name and current name is helpful for in-person updates. Some agencies require the prior agency record (the old driver license, for example) to be surrendered when the new record is issued.
How long does a legal name change take?
Marriage and divorce-based changes can update the SSA record within two weeks, the driver license at the next DMV visit, and the passport within six to eight weeks of filing the form. Court-petition changes typically take one to three months from filing to decree, longer if newspaper publication is required (the publication period is usually thirty days). After the legal change is in place, updating each institutional record takes one to two months as the affidavit is presented to each agency or institution. Complete record harmonization (every account, every license, every deed) often takes six to twelve months in practice because some records (deeds, professional licenses, security clearances) require their own update protocols.

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.