Notarize Affidavits

California

• •Affidavits must be notarized with a jurat (oath or affirmation)
• •Notary must administer an oath before the signer signs
• •Governed by California Government Code section 8202
• •Penalty of perjury language is required
• •Notary fee capped at $15 per signature

In California, the notary must verbally administer an oath or affirmation. The signer raises their right hand and swears the statements are true.

Texas

• •All affidavits require notarization with a jurat
• •Notary administers the oath under Government Code 406.024
• •Texas allows both oaths and affirmations
• •Penalty of perjury language must be included
• •Notary fee capped at $6 per notarial act

Texas notaries must administer an oath or affirmation. If the signer has religious objections to swearing an oath, an affirmation is equally valid.

Illinois

• •Affidavits must be notarized under 5 ILCS 312
• •Notary administers oath before signing
• •Both oaths and affirmations are accepted
• •Signer must personally appear before the notary
• •Notary fee capped at $5 per notarial act

Illinois affidavits follow the same jurat process as other states. The notary confirms the signer's identity, administers an oath, and watches the document being signed.

Does an affidavit need to be notarized?

Yes. An affidavit is a sworn statement that must be signed under oath before a notary public. Without notarization, it is just a written statement and may not be accepted by courts or agencies.

What is the difference between an acknowledgment and a jurat?

An acknowledgment verifies that the signer voluntarily signed the document. A jurat (used for affidavits) requires the signer to swear an oath that the contents are true. Affidavits always use jurats.

Can I write my own affidavit?

Yes. You can draft your own affidavit as long as it includes the required elements: a statement of facts, penalty of perjury language, a signature line, and a jurat for notarization.