Affidavit of Identity by One or Two Credible Witnesses

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Multi-State
Control #:
US-S005ST
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Description

An Affidavit is a sworn, written statement of facts, signed by the 'affiant' (the person making the statement) before a notary public or other official witness. The affiant swears to the truth and accuracy of the statement contained in the affidavit. This form may be used in various situations where it is necessary to prove a person’s identity.

An Affidavit of Identity by One or Two Credible Witnesses is a signed document that attests to the identity of an individual. It is usually required for legal or official matters, such as filing for a passport, applying for a driver’s license, or registering for a marriage license. The affidavit is usually signed by two credible witnesses, such as a lawyer, doctor, or other professional, who can attest to the identity of the individual. The affidavit must contain the full name, address, and other identifying information of the individual, as well as the signatures of the two witnesses. There are two types of Affidavit of Identity by One or Two Credible Witnesses: a single witness affidavit and a double witness affidavit. The single witness affidavit is signed by one witness, while the double witness affidavit is signed by two witnesses.

Definition and meaning

The Affidavit of Identity by One or Two Credible Witnesses is a legal document used to affirm the identity of a person who may lack adequate identification. Typically utilized in situations where the individual needing notarization does not possess the required ID, this form allows credible witnesses to vouch for their identity. It requires one or two witnesses, who must personally know the signer, to confirm that they can validate the individual's identity under oath.

How to complete the form

Filling out the Affidavit of Identity by One or Two Credible Witnesses involves several key steps:

  1. Gather relevant information about the person whose identity is being affirmed.
  2. Identify one or two credible witnesses who can confirm the individual's identity.
  3. Complete the sections of the affidavit, ensuring that all details are accurate.
  4. Have the witnesses sign the document in front of a notary public.
  5. Ensure that the notary public also signs and stamps the document to validate it.

Double-check the completed form for any errors or omissions before submission.

Who should use this form

The Affidavit of Identity by One or Two Credible Witnesses is essential for individuals who are unable to provide standard forms of identification during legal processes. This may include:

  • Individuals involved in various legal transactions such as property agreements or estate planning.
  • People seeking notarization of a document but lacking traditional ID.
  • Those who require the support of credible witnesses to affirm their identity.

What to expect during notarization or witnessing

During the notarization process for the Affidavit of Identity by One or Two Credible Witnesses, the following steps typically occur:

  • The notary will verify the identity of the credible witnesses.
  • Witnesses will take an oath to affirm the identity of the individual in question.
  • All parties involved will sign the affidavit in the presence of the notary.
  • The notary will complete the certification, providing their signature and seal.

This process ensures the legality and authenticity of the document.

Common mistakes to avoid when using this form

To ensure a smooth experience with the Affidavit of Identity by One or Two Credible Witnesses, consider the following common errors:

  • Failing to have the required number of witnesses present.
  • Inaccurate or incomplete information about the signer or witnesses.
  • Not having the witnesses sign in front of the notary.
  • Omitting the notary's signature and seal, which can invalidate the document.

Key components of the form

The Affidavit of Identity by One or Two Credible Witnesses includes several essential components:

  • Signer's Information: Name and details of the person requiring notarization.
  • Witness Information: Names and signatures of one or two credible witnesses.
  • Notary Section: Area for the notary public to sign, seal, and affirm the witness statements.
  • Oath Section: The oath taken by the witnesses to affirm the signer's identity and their lack of interest in the transaction.

Benefits of using this form online

Using the Affidavit of Identity by One or Two Credible Witnesses online offers several advantages:

  • Convenience in accessing and completing the document from home.
  • Immediate availability for download and use.
  • Guidance provided during the completion process, reducing errors.
  • Secure storage options for important documents after completion.

This makes the electronic version of this form a practical choice for users.

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FAQ

California allows Notaries to identify the signer through one or two credible identifying witnesses under certain situations. A credible witness is an individual who personally knows the signer and can vouch for the signer's identity to the Notary.

A credible witness is an individual who can legally vouch for the identity of the signer of a document when proper identification is not available.

The credible witness must sign the notary public's official journal or the notary public must record in the notary public's official journal the type of identification document presented, the governmental agency issuing the document, the serial number of the document, and the date of issue or expiration of the document

A credible witness is a witness who comes across as competent and worthy of belief. Their testimony is assumed to be more than likely true due to their experience, knowledge, training, and sense of honesty.

A California power of attorney witness must be an adult. All witnesses must also be mentally competent. For example, you cannot have an elderly family friend who may have dementia or someone with a recorded mental illness witness the document.

For two credible witnesses, the following information must be recorded in the journal: The signature of each credible witness. The type of written identification presented for each credible witness. The serial or identifying number on each credible witness' written identification.

There must be a chain of personal knowledge from the witness to the signer to the notary. The credible witness must sign an affidavit that states the following: The individual appearing before the notary is known to the credible witness and is indeed the individual whose name is on the document in question.

The credible witness must sign the notary public's official journal or the notary public must record in the notary public's official journal the type of identification document presented, the governmental agency issuing the document, the serial number of the document, and the date of issue or expiration of the document

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Affidavit of Identity by One or Two Credible Witnesses