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What Is a Name Change Affidavit?

Name change affidavits are legal documents that must be signed and witnessed.
A notary public often signs as a witness to a name change affidavit.
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  • Written By: Mary McMahon
  • Edited By: O. Wallace
  • Last Modified Date: 19 October 2014
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A name change affidavit is a legal document indicating that someone's name has changed. The document provides information about the name change and it is signed both by the person who fills it out and by someone who is authorized to serve as a witness to such documents, such as a notary public. Affidavits for name changes are not the same thing as a court order for a name change.

When someone needs to change his or her name in records with banks, colleges and universities, and so forth, these agencies usually require a name change affidavit to effect the change. They may also request supplementary documentation, such as a court order. Proof of the name change is required because these agencies want to make sure that someone is not attempting to use a name change fraudulently. Some agencies may require that the affidavit be filled out by someone else, who testifies in the document to the fact that someone's name has indeed changed.

Changing names on government identification also usually requires a name change affidavit and supporting documentation. Another option for supporting documentation is evidence that someone has completed a common law name change. Common law name changes are not available in all areas, but where they are, someone must be able to show proof that she or he is generally known by the new name and has been for a set period of time, such as five years.

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Many agencies provide name change affidavit blanks which people can use to get their names changed in their records. People can request such forms from the clerk or registrar. The form will also include information about what kind of supporting documentation will be needed, if any. Since certain parts of the form need to be signed and filled out in front of a notary public or similar authorized witness, people should read the form carefully before they start filling it out to confirm that they complete it correctly.

It is also possible to write out a name change affidavit by hand. The document should list the person's prior name and the new name and the date the name change became effective. Some organizations and agencies also want people to list their place of birth and other supporting information; it can be advisable to call ahead and ask about which information should be included in a name change affidavit so that the document does not need to be completed twice.

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BrickBack
Post 2

@SauteePan - I never thought of that. I always assumed that you only did a name change after marriage. I never even realized there would be other reasons.

It does make sense though in light of the media scrutiny that a lot of criminal cases face. I also think that someone like Monica Lewinsky should consider changing her name because her name will always be associated with the sexual act that she engaged with President Clinton.

It is sad that no matter what she does in the world, her legacy will always be tainted this way unless she changes her name.

SauteePan
Post 1

I think that a legal name change might be a good idea if you want to guard your privacy. I know that many reporters always speculate if a criminal defendant that gets released from prison or that is acquitted of a heinous might consider going this route because the public is very familiar with their name and they won’t be able to get a fresh start because of all of the trial publicity.

I think that in a situation like this, maybe it is a good idea to change your name, but you would also have to change your appearance because the public will most likely be able to spot you.

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