Affidavit of Identity
State of [State]
County of [County]
I, [Affiant’s Name], residing at [Address], [City], [State] [ZIP Code], being duly sworn, testify, and state the following:
Personal information. My identity data are as follows:
- Full legal name: [Affiant’s Name]
- Date of birth: [Date of Birth]
- Residential address: [Address], [City], [State] [ZIP Code]
- Social Security number: [SSN]
- Driver’s license number: [License Number]
- Passport number: [Passport Number]
Statement of identity. I confirm that the above information accurately reflects my identity.
Purpose. This Affidavit of Identity is being submitted for the following purpose: [Purpose].
Legal acknowledgment. Under penalty of perjury I, [Affiant’s Name], solemnly confirm and declare that the information provided in this Affidavit is true and accurate as far as I am aware. I understand that any false statements may have legal consequences.
This Affidavit was made on [Signing Date].
____________________________
[Affiant’s Name]
(Affiant’s Signature)
Party 1
________________
Signature
Date: ________________
Party 2
________________
Signature
Date: ________________
What Is a Affidavit of Identity?
An Affidavit of Identity in the United States sets out facts attested under oath, giving them evidentiary weight in legal and administrative proceedings.
The legal authority for identity affidavits derives from state evidence codes and the general common law principle that sworn statements made under oath carry evidentiary weight in legal and administrative proceedings. Under 28 U.S.C. 1746, a declaration made under penalty of perjury has the same force as a notarized affidavit in federal proceedings. Making a false statement in an identity affidavit constitutes perjury under 18 U.S.C. 1621, punishable by up to five years' imprisonment.
An Affidavit of Identity is distinct from a formal legal name change (which requires a court order under state civil procedure codes) and from a DBA (doing business as) filing. It does not change a person's legal name; rather, it confirms that two or more names refer to the same individual. Banks, government agencies, and title companies use this affidavit to resolve name discrepancies that would otherwise prevent transactions from proceeding.
When Do You Need a Affidavit of Identity?
An Affidavit of Identity is needed when a person's name appears differently across official documents -- for example, when a birth certificate reads "William" but all other documents use "Bill," or when a maiden name appears on older records but a married name is used currently. Real estate closings are frequently delayed by name discrepancies between the deed and the seller's current identification, and an Affidavit of Identity resolves the issue.
The document is required when replacing lost or stolen identification and the applicant cannot provide sufficient secondary identification through standard channels. The Social Security Administration, state DMVs, and passport offices may accept an Affidavit of Identity as supporting documentation in these situations.
Banking institutions require this affidavit under their Customer Identification Program (CIP) requirements mandated by the USA PATRIOT Act (31 CFR 1020.220) when there are discrepancies between the customer's identification documents and the information on file. Insurance companies processing claims may require the affidavit when the policyholder's name does not exactly match the claimant's identification.
Immigrants and naturalized citizens who have undergone name changes or whose names have been transliterated differently across documents frequently need this affidavit for employment verification (Form I-9), visa processing, and Social Security card applications.
Without an Affidavit of Identity, individuals may be unable to close real estate transactions, access bank accounts, process insurance claims, or obtain replacement identification documents.
What to Include in Your Affidavit of Identity
The individual's full current legal name, all former names, aliases, and name variations must be listed. This includes maiden names, married names, nicknames commonly used on official documents, and any transliterations or alternative spellings used on foreign-issued documents. Each variation should be clearly stated as referring to one and the same person.
The individual's date of birth, current address, and identifying details (such as the last four digits of their Social Security Number) help establish identity. A physical description may be included for additional verification. If the affidavit is being made by a third party (such as a family member or long-time associate), that person's relationship to the individual and the basis for their knowledge must be stated.
The specific reason for the name discrepancy should be explained -- whether due to marriage, divorce, immigration, typographical errors on official documents, cultural naming conventions, or informal use of a nickname. This context helps the receiving institution understand the nature of the discrepancy.
A clear sworn statement that all the names listed refer to one and the same individual is the core declaration. The statement should be made under penalty of perjury with reference to the applicable federal (28 U.S.C. 1746) or state perjury statute.
The affidavit must be signed by the affiant and notarized. Supporting documentation -- such as copies of the identification documents showing the different name variations -- should be attached as exhibits. Some institutions require the affidavit to be executed within a specific timeframe (typically 30 to 90 days) to be considered current.
Sources & Citations
Statutory citations link to official government sources.
- 28 U.S.C. 1746US – Cornell LII
- 18 U.S.C. 1621US – Cornell LII
- 31 CFR 1020.220US – eCFR
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Affidavit of Identity (United States) [Legal document template]. Forms Legal. https://forms-legal.com/usa/government/declarations/affidavit-identity
"Affidavit of Identity (United States)." Forms Legal, 2026, https://forms-legal.com/usa/government/declarations/affidavit-identity.
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title = {Affidavit of Identity (United States)},
year = {2026},
howpublished = {\url{https://forms-legal.com/usa/government/declarations/affidavit-identity}},
note = {Free legal document template. Based on 28 U.S.C. §1746}
}Also available for these jurisdictions:
Frequently Asked Questions
An Affidavit of Identity is a sworn statement in which a person confirms their legal identity, used to resolve discrepancies in names or records and to satisfy institutions that require additional proof of who someone is. The document helps when a person's name appears differently across records, when signatures must be verified, or when an agency, bank, or court asks for confirmation of identity beyond standard identification. The affiant swears under penalty of perjury before a notary public that they are the named individual and that the identifying details, such as date of birth and address, are accurate. Common uses include confirming that two differently spelled names refer to the same person, supporting a property or financial transaction, and verifying identity for government filings. Because it is sworn, the affidavit carries legal weight, but it supplements rather than replaces government-issued photo identification.
An Affidavit of Identity is needed when records show inconsistent personal information or when an institution requires sworn confirmation that you are the person named in a document. Frequent triggers include a name appearing with different spellings on a title and a deed, a maiden name versus a married name on financial accounts, or a court or government agency asking a party to confirm identity. The affidavit is also used to verify the authenticity of a signature, to support powers of attorney, and to resolve mistaken-identity issues such as a credit report mixing two people with similar names. The affiant signs before a notary public who verifies identity with photo identification and administers the oath. Because the statement is made under penalty of perjury, the affiant should ensure every identifying detail is accurate before signing, as agencies rely on the affidavit to update or reconcile their records.
An Affidavit of Identity should contain the affiant's full legal name, any alternate names or spellings used, date of birth, current address, and a clear statement affirming that all listed identities refer to the same person. When the affidavit resolves a name discrepancy, it should specify the exact variations as they appear in the relevant records and explain the reason for the difference, such as marriage, a clerical error, or use of a middle name. The affiant swears under penalty of perjury before a notary public that the contents are true. Supporting identification numbers, like the last digits of a Social Security number where appropriate, may be included to help the receiving institution match records, though sensitive numbers should be limited to what the agency actually requires. Accuracy matters because the document is sworn and will be used to update official or financial records.
An Affidavit of Identity must be notarized to carry legal weight, because notarization is how the affiant's oath is administered and the signature authenticated. The notary public verifies the affiant's identity using valid government-issued photo identification, witnesses the signature, confirms the affiant swore the contents are true, and completes a jurat with a seal. Without notarization, the affidavit is an unsworn statement and most banks, title companies, and government agencies will not accept it. Some receiving institutions provide their own identity affidavit form and may require additional steps, such as a Medallion Signature Guarantee for securities transactions. Because the document is sworn under penalty of perjury, the affiant should bring proper identification to the notary and confirm every detail is correct before signing. Requirements can vary by state and by the institution requesting the affidavit, so confirming the expected format in advance avoids rejection.
An Affidavit of Identity can support correcting a credit report mix-up or a name error, but it usually works alongside the formal dispute process rather than replacing it. When a credit file mistakenly merges information belonging to another person with a similar name, the affidavit provides sworn confirmation of the consumer's true identity and identifying details, which the consumer submits with a dispute under the Fair Credit Reporting Act (15 U.S.C. 1681). Credit bureaus and creditors use the affidavit as supporting evidence while investigating and separating the records. The affiant swears under penalty of perjury before a notary public that the identifying information is accurate. For straightforward record discrepancies, an institution may accept the affidavit directly to align differently spelled names. Because each bureau and creditor sets its own documentation requirements, the consumer should confirm what evidence the recipient needs before submitting the affidavit.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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