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How to Apostille an Affidavit or Sworn Statement

Affidavits — sworn written statements — are private documents made public by a notary's jurat. They are apostilled for foreign courts, immigration offices, inheritance proceedings and civil registries, and the state of notarization issues the apostille.

Reviewed November 2026  |  Informational only — not legal advice

Affidavit / sworn statementDocument

Affidavit / sworn statement

Reviewed November 2026

Common affidavits sent abroad

  • Affidavit of single status — see the dedicated page.
  • Affidavit of residence / domicile — for tax residency claims, school enrollment, pension matters (often alongside a utility bill).
  • Affidavit of identity / same person — reconciling name variants across records for citizenship files.
  • Affidavit of support — for student or family visas, usually with bank letters.
  • Affidavit of translation accuracy — signed by a translator; the notarized affidavit is apostilled so the translation can be used abroad (see translation).
  • Affidavit of heirship / renunciation of inheritance — for estates in civil-law countries.
  • Affidavit of parentage, paternity acknowledgment, consent to adoption — for family matters abroad.

Jurat vs. acknowledgment

An affidavit must be sworn or affirmed, so the notarial certificate should be a jurat (“sworn to and subscribed before me”). An acknowledgment merely confirms the signer acknowledged the signature and is not a sworn statement; some foreign courts reject acknowledged affidavits.

Format tips

  • Caption the document “Affidavit” and number the paragraphs.
  • Use “I, [name], being duly sworn, depose and say” or equivalent.
  • Attach exhibits before notarization and reference them in the affidavit; exhibits attached later are not covered.
  • Where the destination wants a specific template, use it — Latin American and Italian authorities frequently supply one.

Which state and office

The notary’s commissioning state. Affidavits sworn before a U.S. consular officer abroad are federal acts and are generally accepted by the host country without apostille.

After the apostille

Translate with a sworn translator in the destination country. Affidavits rarely have recency limits unless the procedure imposes one (support and residence affidavits are commonly limited to 90 days).

Common reasons for rejection

  • Acknowledgment used instead of a jurat
  • Exhibits added after notarization
  • Signed before appearing before the notary
  • Notary seal missing where the state requires it
  • Affidavit in a foreign language with an English-only notarial certificate the state cannot match to the document

Frequently asked questions

Can an affidavit be written in Spanish and notarized in the U.S.?

In most states yes, if the notary can communicate with the signer; the jurat itself should be in English. Some states require the notary to understand the document.

Does a witness need to sign?

Only if the destination requires witnesses. The notary’s jurat is what makes it apostillable.

Can I apostille an affidavit notarized at the bank?

Yes, if the bank’s notary completed a proper jurat and is commissioned in the apostilling state.

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