Notarizing affidavits: Everything you need to know

Almost everyone encounters the task of notarizing affidavits at some point in their lives. This could be in the course of business or to settle personal affairs. Either way, it’s imperative to do it right because your credibility and reputation might depend on it.

You might also need to get other types of documents notarized, such as a mortgage, a real estate deed, power of attorney, etc. In various cases, the signatures on these several documents are required to be notarized, depending on the priority and expediency with which the specific document is needed. As a result, it can sometimes be troublesome for the claims agent to verify the witnesses providing the affidavit or the discovery responses—specifically if the person who has to sign doesn’t have easy access to the notary.

This makes it imperative to comprehend what affidavits are, how they are used, and if they can be notarized. This blog post helps you understand affidavits. Let’s explore:

  1. What is an affidavit?
  2. Common types of affidavits
  3. How to write an affidavit?
  4. Does an affidavit have to be notarized?
  5. How to get an affidavit notarized?
  6. FAQs

1. What is an affidavit?

If you want to affirm or swear that a specific fact is correct, you must transcribe an affidavit statement and get it notarized. But gone are the days when you had to visit the notary in-person to complete the process. These days, the notary and the signee can do the notarization online. In fact, many states now support Remote Online Notarization (RON) for smooth and efficient processes.

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Essentially, you can use affidavits for the following reasons.

Affidavits have to be notarized to be approved in court since notarization corroborates that the affiant:

Affidavits are legal documents or statements an individual makes before a notary when presenting the information. The info must be either based on their belief and information or their knowledge.

If you create an affidavit on belief and information, you need to mention where you got the data and why you consider it valid.

Notarization of an affidavit is the formal fraud-deterrent procedure that guarantees that the parties of a particular transaction have an authentic document and can be reliable. It is an extensive process that consists of certifying, record keeping, and vetting. Thus, notarizations are also sometimes called “notarial acts.”

Above all, notarization is an affirmation by an impartial notary public and a duly appointed that a document is validated, that the signatures are genuine, and that the specific signer acted without intimidation or coercion and intended the document terms be in full effect and force.

All U.S. states have their own procedures and rules relating to affidavits. However, often these are inaccurately applied for the lack of a standard language or format required for testimonies/affidavits. The document is approved as long as it follows basic legal requirements.

2. Common types of affidavits

Many several different types of affidavits vary considerably according to the intended purpose. Testimonies/affidavits can be helpful in many scenarios. Many government forms contain affidavits, like vehicle registration, driver’s license applications, concealed weapon permits, and voter registrations.

Here are some of the common affidavit uses/types.

3. How to write an affidavit?

Based on where you are located, you may need to get a verified affidavit taker to observe the forming of the affidavit in person. There are also diverse rules when it comes to accepted formats depending on your law and courts locally. Therefore, always look over what the specific requirements are as per your particular location before getting started.

As long as the affidavit is witnessed, signed, and appropriately notarized, it is considered valid. So, you don’t need to consult a legal professional to create an affidavit. All you need is the presence of a notary to create a legally-binding document.

However, it is crucial to note that detailed affidavits need specific information to meet legal requirements and fulfill their purpose.

Because these are legal documents, there is a proper way to formulate an affidavit. You can complete most affidavits by, but you need to notarize them before they are deemed valid. Below is a fundamental process that you will need to complete in order to write an affidavit.

Here are some essential elements of a standard affidavit:

An affidavit isn’t written in paragraphs like an article or a business document. It’s a legal document wherein each section is numbered and contains a single fact. To ensure that the testimony is easy to understand, here are some best practices:

Also, remember that the affidavits demonstrate your credibility, so those mentioned above can help you become more professional and not harm your reputation. Therefore, make sure you don’t make any false statement in an affidavit, as it’s technically a violation of law and can cost you a hefty amount.

4. Does an affidavit have to be notarized?

No, not all affidavits have to be notarized.

While some types of affidavits require notarization, others don’t. It depends on the state and country’s legal requirements. For example, if you reside in Louisiana, “wills” are notarized to be valid. However, laws keep changing over time, so make sure you are aware of the latest information.

So it depends on the rules of the jurisdiction. So, for example, there are many types of affidavits and documents that don’t require notarization, and jurisdictions have different rules.

You can also notarize a self-proving affidavit that is attached to a will.

5. How to get an affidavit notarized?

In recent years, advancements in technology have helped automate and streamline the notarization process, resulting in more states making laws to support e-notarization online between Notaries and signers. However, with the government imposing COVID-19 restrictions and asking to limit in-person contact and practice social distancing protocols, it has become essential to find a way to notarize wills, property deeds, real estate transfer paperwork, and affidavits. Remote Online Notarization is the answer to finish the entire notarization process online.

Now, with RON, witnesses and signers are no longer required to be present in the same room or even the state as the notary. Because of interstate recognition practices, you can use a remotely notarized document in other states like a traditional notarization.

Essentially, Remote Online Notarization (RON) enables banks, individuals, law firms, and other companies to connect with a notary via the internet. Verified online notaries can help you notarize electronic documents.

Online notarizations facilitate a more convenient and modern option for individuals who require notary services. The RON convenience also extends to the notary/authorized person.

Scheduling a signing becomes simpler when all the parties don’t need to be in the same room. The participants can quickly agree on the time and a day that works best according to everyone’s schedule, irrespective of their location.

Some of the benefits of Remote Online Notarization (RON) include:

PandaDoc Notary, an all-in-one Remote Online Notarization software, offers various features that make notarizing effortless. So if you dread mobile notaries and public notaries’ fees, PandaDoc Notary presents a convenient, seamless and budget-friendly solution to help you notarize affidavits online.

Here is how you can notarize an affidavit.

Wrapping up

While affidavits are primarily used in court settings, they can serve many other purposes as well. For example, affidavits can save you considerable money and time in various legal proceedings and events. And a notarized affidavit allows you to authenticate the document. So, the sole purpose of notarizing testimonies is to prevent any document fraud and or identity theft.

A feature-rich software like PandaDoc Notary is user-friendly and straightforward, empowering your team to manage document notarization workflows and work more seamlessly.Be mindful of the specific requirements for notarization in your respective jurisdiction to ensure that your affidavits are valid and reliable.

FAQs

What is a notarized affidavit?

A notarized affidavit is a document wherein the affiant swears that a fact they have provided regarding court proceedings is true and accurate to the best of their knowledge. Affidavits must be notarized to be considered legally permissible.

Where to get an affidavit notarized?

Though you can notarize an affidavit using traditional notarization methods, such as walk-in or mobile notaries, this process can be long, drawn out, and expensive when compared to the ease of remote online notarization.

When you notarize your affidavits online with a remote notary, you are free to edit your document and invite signers to the session, all from the comfort of your own home. RON provides an easy-to-use and fast notarization option that lets you sign and notarize your documents within minutes.

Is notary and affidavit same thing?

A notary and an affidavit are not the same things, but an affidavit must be notarized by an actively commissioned notary public to be legally permissible. An affidavit is a sworn statement provided that must is then notarized to ensure it meets the requirements of the state in which the proceedings take place.

How much does it cost to get an affidavit notarized?

The cost of an affidavit notarization will vary by state and notary. Some states have imposed set limits on the amount a notary can charge for their services, including for both in-person and remote online notaries.

Some states allow notaries to set and charge their own fees in addition to the state fee for notarization services. This can be the case for both in-person and remote online notaries.

Guy Pearson has been a commissioned notary for more than eight years. He also runs one of the most established Facebook groups for Remote Online Notarization (RON), with more than 7000 members nationwide. Guy is the co-founder and product leader of PandaDoc Notary. His team drives product initiatives in key verticals, such as Legal, Financial, and Real Estate.