What Is a One and the Same Person Affidavit?

Your birth certificate says Robert. Your driver license says Bob. The deed says Robert A. and the bank has Robert Anthony. Same person, four versions, and now somebody wants proof.

That proof is a one and the same person affidavit, sometimes called a same person affidavit or an affidavit of identity. It is a sworn statement declaring that two or more name variations in official records belong to one individual.

What it actually says

The document does three things. It lists every version of your name as it appears across your records. It states plainly that all of them refer to you. And it explains why the differences exist, whether that is marriage, a typo at a hospital, a shortened first name, a dropped middle initial, or a transliteration from another alphabet.

You sign it under penalty of perjury in front of a notary. The notary confirms your identity and witnesses the oath. That is what turns a personal explanation into evidence a third party can rely on.

Need this affidavit?

Download our free one and the same person affidavit, fill in your name variations, and notarize it online in minutes.

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Where people are asked for one

Real estate and title. The name on a deed does not match the name on your ID, and the title company will not close until the file explains it.

Immigration filings. A birth certificate, passport and I-94 spell your name three ways and the filing needs the discrepancy addressed.

Banking, pensions and insurance claims. An account or policy is in a former name and the institution needs to connect it to you.

Estates. A decedent’s name appears differently on the deed, the death certificate and the will.

Diplomas and licensing. A credential earned under a maiden name is being presented under a married one.

What to include

  • Your full current legal name, exactly as it appears on your ID
  • Every other version of your name, quoted exactly as written on each document
  • Which document carries which version
  • The reason for each variation
  • A clear statement that all versions refer to one and the same person
  • Your date and place of birth, which is often what ties the records together
  • Your signature, taken in front of the notary

Copy each name character for character from the document itself. Do not clean up a misspelling on the affidavit, because the misspelling is the whole point of the document.

What it is not

This affidavit does not change your name. It explains records that already exist. If you want to legally change your name going forward, that is a court proceeding, and the two are often confused. See same person affidavit vs name change.

It also does not guarantee acceptance. The agency, lender, court or title company receiving it decides whether it satisfies them, and some have their own form they prefer.

Ask first, sign second

Before you draft anything, ask the party requesting it whether they have a required form, whether they want supporting documents attached, and whether they need an original or accept a scan. Ten minutes on the phone prevents a rejected filing.

Frequently asked questions

Does it have to be notarized?

Effectively always. It is a sworn statement, so its value comes from being executed under oath in front of a notary. Do not sign it before the appointment.

Can someone else sign it for me?

No. You are the person swearing to the facts, so you sign it.

Do I need witnesses?

Usually just the notary, but some receiving parties ask for additional witnesses or for a second person who knows you to swear a supporting affidavit. Ask them.

How much does it cost?

The template is free. Notarizing it online is $25 for one document.

Where these are demanded most

Real estate. The name on a deed does not match current identification, and a title company will not close until the file explains it. Marriage, divorce, a dropped middle initial, or a clerk’s misspelling on a deed recorded decades ago. See what title companies ask for.

Immigration filings. A birth certificate, passport and I-94 spelling a name three ways, usually from transliteration between alphabets or a form that asked for family name first.

Banking, pensions and insurance. An account or policy in a former name that has to be connected to the person claiming it.

Estates. A decedent’s name appearing differently on the deed, the will and the death certificate, which is common and which holds up a filing.

Diplomas and licensing. A credential earned under a maiden name being presented under a married one.

Ask before you draft

Before writing anything, ask the party requesting it three questions. Do you have a required form. Do you want supporting documents attached. Do you need an original or will a scan do.

Many institutions have their own version and prefer it, and using theirs is faster than arguing for yours. Ten minutes on the phone prevents a rejected filing.

Attach the evidence

An affidavit standing alone is weaker than one supported by records. Where they exist, attach a marriage certificate, a divorce decree, a court name change order, or an older document showing both versions of the name together.

And reproduce every name exactly as printed on each document, including the error. Correcting the misspelling on your affidavit removes the very evidence you are providing.

What it cannot do

It does not change your name. It explains records that already exist, and if you want to be called something different going forward that is a court proceeding. See same person affidavit versus name change.

It does not guarantee acceptance. The agency, lender, court or title company receiving it decides whether it satisfies them.

And it does not permit swearing to something untrue. An affidavit is made under penalty of perjury, so asserting that a name is yours when it never was is not a paperwork shortcut, it is a false statement.

Signing it

It is a sworn statement, so it needs a jurat rather than an acknowledgment, and you must not sign before the appointment. Bring current unexpired photo identification.

It can be notarized online in minutes from anywhere in the United States, which matters because the person needing one is often mid transaction and short of time. If the affidavit is going to a foreign authority rather than a domestic institution, it may also need an apostille afterwards, which is a separate chain.

A short template of what to include

Your full current legal name exactly as it appears on your identification. Your date and place of birth, which is often the detail that links the records together. Each other version of your name, quoted exactly as written, with the document it appears on. The reason for each variation. A clear statement that all of them refer to one and the same person. Your signature, taken in front of the notary.

Keep it to a page. A reviewer wants the variations set out plainly, not a narrative.

See also: affidavit or affirmation in New York courts · which court forms need a notary

Related reading

This is general information, not legal advice, and NotarEaseNYC is not a law firm. A notary public cannot tell you which document your situation requires or draft one for you. Requirements vary by the agency, court, lender or title company receiving the document, so confirm with them before you file.

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