Affidavits, Sworn Statements and Declarations

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By the notaries at Mar Vista Cheap Mobile Notary, commissioned by the California Secretary of State · Updated October 26, 2026 · Sources: California Notary Public Handbook (Secretary of State, 2026), Government Code § 8202, Code of Civil Procedure § 2015.5, Penal Code § 118, Government Code § 8230

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How an affidavit is notarized

1. Bring the complete, unsigned affidavit and acceptable ID.
2. The notary asks you to raise your hand (optional) and swear or affirm that the statements are true. An affirmation has the same effect if you prefer not to swear.
3. You sign in front of the notary, and sign the journal.
4. The notary completes the California jurat: “Subscribed and sworn to (or affirmed) before me…”

Lying in a sworn statement is perjury under California law (Penal Code § 118). The notary doesn’t verify that the statements are true; you do, under oath.

Affidavit or declaration?

In California, a declaration under penalty of perjury (Code of Civil Procedure § 2015.5) can be used in place of an affidavit in most court and many agency matters. You sign it yourself with a statement like “I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct,” plus the date and place. No notary is involved. If the recipient specifically asks for a notarized affidavit, or the document is going out of state or abroad, you need the notarized version.

Affidavits we see often

• Affidavit of identity, name affidavit or “one and the same person” affidavit
• Residency and address affidavits for schools and agencies
• Gift letters and financial support letters
• Affidavits of loss (lost title, lost stock certificate, lost check), when the issuer requires notarization
• Small estate affidavits for banks, when the bank asks for a notarized signature
• Affidavits for insurance claims
• Relationship affidavits from friends and family for immigration cases
• Affidavit of death of joint tenant or trustee for recording

Special rule for identity-statement affidavits

If you swear to a document that purports to identify you, and it includes your birthdate or age plus a photo or fingerprint, California requires you to verify your birthdate with a certified birth certificate or a DMV-issued ID before the notary can complete the jurat (Government Code § 8230).

Common questions

Do I sign an affidavit before or at the notary?

At the notary. A jurat requires you to sign in the notary’s presence after taking an oath or affirmation.

Can a notary write my affidavit?

No. Drafting a sworn statement is legal work. Write it yourself or ask an attorney or the requesting office for their form.

What’s the difference between an affidavit and a declaration in California?

An affidavit is sworn before a notary or other officer. A declaration is signed under penalty of perjury without a notary, and California courts generally accept it in place of an affidavit.