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Name Change Affidavit Template – Free Download 2026

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Electronic Signature with Notarization

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When Do You Need a Name Change Affidavit?

You have legally changed your name through a court order and need a sworn affidavit to present to government agencies, banks, employers, and other institutions to update your records. The affidavit connects your former name to your new legal name and references the court order granting the change.

You recently married and are changing your last name to your spouse's surname. While a marriage certificate is the primary document for a marriage-related name change, some institutions also require a name change affidavit to process the update, especially for financial accounts and professional licenses.

You are filing a name change petition with the court under statutes such as California CCP 1275-1279.6 or New York Civil Rights Law 60-65 and need a supporting affidavit that explains the reason for the name change and confirms you are not changing your name to avoid debts, judgments, or criminal liability.

Your state requires a newspaper publication requirement for name changes and you need an affidavit to submit alongside the proof of publication to the court. The affidavit confirms that the required notice was published for the specified number of weeks in a newspaper of general circulation.

You need to update your Social Security Administration records, driver's license, passport (Form DS-60), voter registration, and other government-issued identification after a legal name change and some agencies require a sworn affidavit in addition to the court order. A general affidavit format can be adapted if you need a simpler sworn statement.

You are unable to afford the court filing fee for a name change petition and are filing an in forma pauperis application to waive the fee, which requires a sworn affidavit of your financial situation along with the name change petition.

What Should a Name Change Affidavit Include?

Current Legal Name

State your current full legal name exactly as it appears on your birth certificate or most recent court-ordered name change. Include any middle names. This is the name you are changing from, and it must match your current government-issued identification.

Requested New Name

State the full new name you are requesting, including first, middle, and last names. The new name must be complete and specific. Courts will not approve vague or partial name changes. If you are reverting to a maiden name after divorce, state the maiden name in full.

Reason for Name Change

Explain the reason for the name change. Common legitimate reasons include marriage, divorce, personal preference, religious conversion, gender identity, and adoption. Courts require the reason to confirm you are not changing your name to defraud creditors, evade law enforcement, or violate sex offender registry reporting requirements.

Criminal and Debt History Disclosure

Include a statement that you are not changing your name to avoid any debts, judgments, liens, or criminal liability. Most states require this disclosure as part of the name change petition process. Some states also require a background check or fingerprinting, particularly if the petitioner has a criminal history.

Supporting Documentation Reference

Reference any supporting documents attached to the affidavit, such as a marriage certificate, divorce decree, court order, or newspaper publication proof. Under California CCP 1275-1279.6, the petition must include a decree signed by the judge, and some states require proof of publication in a newspaper of general circulation.

Notarization and Court Filing

The name change affidavit must be notarized. The affiant signs before a notary public who verifies identity, administers the oath, and applies the notary seal. File the notarized affidavit with the court along with the name change petition, the court filing fee (ranging from $25 to $500 depending on state and county), and any required supporting documents.

Signature Requirements

Electronic Signature with Notarization

The affiant must sign this name change affidavit under oath before a notary public. Notarization is mandatory because the affidavit contains sworn declarations about identity, criminal history, and intent that are subject to penalties of perjury.

Notarization Required

How to Fill Out a Name Change Affidavit

1

Enter Your Current Legal Name

Write your current full legal name exactly as it appears on your government-issued ID or birth certificate. Include your first name, middle name(s), and last name. If you have had a previous name change, use the name from the most recent court order.

2

Enter Your Requested New Name

Write the complete new name you are requesting, including first, middle, and last names. Be precise because the court order will reflect exactly what you write here. This is the name that will appear on all future identification documents.

3

State the Reason for the Change

Write a clear, honest explanation of why you are changing your name. If it is due to marriage, reference the marriage certificate. If it is a personal preference, explain your motivation. Courts approve nearly all name changes that are not made for fraudulent purposes.

4

Complete the Criminal and Debt Disclosure

Confirm that you are not changing your name to avoid debts, judgments, or criminal liability. If you have a criminal history, disclose it as required by your state. Some states prohibit name changes for registered sex offenders or require additional court approval for petitioners with felony convictions.

5

Attach Supporting Documents

Gather and attach all required supporting documents: marriage certificate (for marriage-related changes), divorce decree (for reverting to maiden name), proof of newspaper publication (if required by your state), and any other documents required by local court rules.

6

Notarize and File with the Court

Sign the affidavit before a notary public. File the notarized affidavit, the name change petition, and all supporting documents with the court clerk. Pay the court filing fee or submit an in forma pauperis waiver application if you cannot afford the fee. After the court grants the order, use it to update your Social Security Administration records, driver's license, and passport (Form DS-60).

Name Change Affidavit Requirements by State

Name Change Affidavit laws and requirements differ across states. Key variations include specific language requirements, notarization mandates, witness requirements, filing deadlines, and enforceability standards. Our templates incorporate state-specific provisions when you select your jurisdiction.

For the most comprehensive state-specific version, use our AI generator which automatically applies your state's legal requirements.

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Free Template vs Custom Name Change Affidavit

FeatureFree TemplateCustom (AI or Attorney)
Basic name change affidavit format
Criminal and debt disclosure sections
State-specific court form complianceCA, NY, TX, FL, etc.-
Newspaper publication instructions-
Attorney review and customization-
Digital download (PDF/Word)

Name Change Affidavit Template FAQ

What is a name change affidavit?
A name change affidavit is a sworn legal document in which a person states their current legal name, the new name they are requesting, and the reason for the change. It is used as a supporting document in court name change petition proceedings and may also be required by government agencies, banks, and other institutions when updating records after a legal name change. The affidavit is signed under oath before a notary public and confirms that the name change is not being sought for fraudulent purposes.
What is the difference between a name change affidavit and petition?
A name change petition is the formal legal request filed with the court asking a judge to grant a legal name change. The affidavit is a sworn supporting document that provides the factual basis for the petition, including the reason for the change and a statement that the change is not being made to avoid debts or criminal liability. The petition initiates the court proceeding; the affidavit provides the sworn evidence. Under California CCP 1275-1279.6, both documents are filed together.
How much does it cost to legally change your name?
Court filing fees for a legal name change range from $25 to $500 depending on the state and county. Additional costs may include the newspaper publication requirement ($30 to $300 depending on the newspaper and publication period), certified copies of the court order ($5 to $25 each), and fees for updating identification documents such as a passport, driver's license, and Social Security card. If you cannot afford the filing fee, you may qualify for an in forma pauperis fee waiver.
Do I need a court order to change my name?
In most situations, yes, a court order is required to legally change your name. The exception is a name change due to marriage or divorce, which can typically be done using a marriage certificate or divorce decree without a separate court order. For all other name changes (personal preference, gender identity, religious reasons), you must file a name change petition with the court and obtain a signed order from a judge. Some states have additional requirements such as newspaper publication and background checks.
Can I change my name without going to court?
You can change your name without going to court in limited circumstances. In most states, you can change your last name when you get married by presenting your marriage certificate to the Social Security Administration, DMV, and other agencies. You can also revert to your maiden name as part of a divorce decree. For all other name changes, court involvement is required. The common law "usage method" (simply using a new name) is not recognized in most states for official documents and identification.
How do I change my name after marriage?
To change your name after marriage, obtain certified copies of your marriage certificate from the county clerk. Take the marriage certificate to the Social Security Administration to update your Social Security card first, as other agencies require the updated Social Security card. Then update your driver's license at the DMV, your passport using Form DS-60, your bank accounts, employer records, insurance policies, and voter registration. No court order or affidavit is needed for a marriage-related name change in most states.
What documents do I need to change my name?
The documents needed depend on the reason for the change. For a court-ordered name change, you need the name change petition, a name change affidavit, a certified copy of your birth certificate, government-issued photo ID, proof of residency, the court filing fee, and proof of newspaper publication if required. For a marriage-related change, you need the marriage certificate. After the name change is granted, you will need the court order to update your Social Security card, driver's license, passport, and other identification.
How long does a legal name change take?
A legal name change typically takes 4 to 12 weeks from filing the petition to receiving the court order, depending on the court's schedule and your state's requirements. If your state requires newspaper publication, the publication period (usually 4 to 6 weeks) must be completed before the court will schedule a hearing. Uncontested name changes are usually granted at the hearing without issue. After receiving the court order, updating all identification documents (Social Security, driver's license, passport) takes an additional 2 to 8 weeks.

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Reviewed by licensed attorneys · Editorial policy · Last updated March 2026

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