To meet California affidavit requirements in most situations, you don’t actually need a notarized affidavit at all. Under Code of Civil Procedure 2015.5, an unsworn written declaration signed under penalty of perjury has the same legal force as a sworn, notarized statement, as long as it uses the required closing language, is dated, and is signed.1California Legislative Information. California Code of Civil Procedure Section 2015.5 Get the format wrong and the court can reject the filing. Sign something you know is false, and you’re looking at a felony carrying up to four years in state prison.
When You Can Skip the Notary
California is unusual. Most states insist on a traditional affidavit, meaning a notary administers an oath before you sign. California lets you substitute an unsworn declaration for any affidavit required under state law, provided you include the penalty-of-perjury language, sign, and date it. The declaration has “like force and effect” as a sworn statement, so courts treat the two identically.1California Legislative Information. California Code of Civil Procedure Section 2015.5
That saves you the notary fee and the trip. The tradeoff: you’re personally certifying the truth of every statement, with criminal liability attached. A notary would have taken on part of the authentication role. A declaration puts all of it on you.
The substitution doesn’t work everywhere. Depositions, oaths of office, and situations where a specific official other than a notary must witness the signing are outside the statute.1California Legislative Information. California Code of Civil Procedure Section 2015.5 Certain real estate transactions and some probate filings also demand actual notarization regardless of the declaration option. If you’re filing anything that transfers real property, assume you need a notary until you confirm otherwise.
The Required Language, Word for Word
Everything hinges on the closing statement. The statute calls for substantially this form: “I declare (or certify, verify, or state) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.” Follow it with the date, the place of execution, and your signature.1California Legislative Information. California Code of Civil Procedure Section 2015.5
“Substantially” gives some breathing room for minor wording differences. It does not give room to drop “under the laws of the State of California” or to leave off the truth attestation. Deviating too far is the most common reason a court kicks the document back.
Signing outside California tightens things further. The document must state the date of execution and must explicitly say the declaration is made “under the laws of the State of California.” That reference is what gives an out-of-state signature enforceability in a California courtroom.1California Legislative Information. California Code of Civil Procedure Section 2015.5
What Goes Inside the Declaration
Language alone won’t save a declaration built on the wrong content. Statements must rest on your personal knowledge: things you saw, did, or otherwise directly know. Hearsay (“my neighbor told me”), speculation (“I believe it’s likely”), and secondhand accounts lack evidentiary value, and judges routinely strike them. If a fact only exists because someone else told you, have that person submit their own declaration.
If you’re referring to documents, attach them as exhibits, number them, and reference each one specifically in the body. Loose or unlabeled attachments get ignored.
When You Do Need a Notary
Some documents require notarization by statute, and real estate transfers almost always do. The notary’s job is narrow, and it’s worth understanding what they will and won’t do.
Proving Your Identity
A California notary must verify your identity through “satisfactory evidence,” which in practice means a qualifying ID. Acceptable documents include a California driver’s license or ID card, a U.S. passport, a valid passport or consular ID from your country of citizenship, an out-of-state driver’s license, a U.S. military ID, a state government employee ID, or a federally recognized tribal government ID. Second-category documents must include your photo, physical description, signature, and an identifying number. All must be current or issued within the past five years.2California Secretary of State. Notary Public Handbook 2022
The Oath and the Jurat
Before you sign, the notary administers an oath or affirmation asking you to swear the contents are true. The notary then completes a jurat, the certificate attached to your document confirming you appeared in person, took the oath, and were properly identified.3CA.gov. Notary Jurat
A notary does not verify that your affidavit is accurate. Their role is limited to confirming your identity and witnessing your oath. If someone asks whether the notary “verified” your statements, the answer is no. They verified you.
Fees
The maximum a California notary can charge is $15 per jurat and $15 per acknowledgment.4California Secretary of State. Notary Public Handbook 2019 – Fees Anything above that violates state law. Mobile notaries who come to you often charge a separate travel fee, which sits outside the $15 cap.
Specific Affidavits and Their Quirks
Most general declarations in civil litigation, from witness statements to small claims filings, follow the standard CCP 2015.5 format and nothing more. A few situations add requirements on top.
Small Estate (Heirship) Affidavits
When someone dies without a will, heirs may be able to claim California property without full probate by filing a small estate affidavit under Probate Code 13101. The shortcut is available when the total gross fair market value of the deceased person’s California property, excluding certain exempt assets, does not exceed $208,850 for deaths occurring on or after April 1, 2025.5California Courts. DE-300 Maximum Values for Small Estate Set-Aside and Disposition The threshold is adjusted periodically under Probate Code 890, so confirm the current figure before filing.6California Legislative Information. California Probate Code 13101
The affidavit must identify the deceased, list family relationships, name potential heirs, and affirm that no one else has a superior claim. A death certificate is typically required as a supporting document. Competing affidavits generally send the matter to a probate judge for a hearing.
Financial Declarations in Family Court
Divorce and child support cases require both parties to disclose income, expenses, assets, and debts. Preliminary disclosure is mandatory under Family Code 2104, made through sworn financial declarations. False or incomplete disclosures can trigger contempt, monetary sanctions, and perjury prosecution. Custody and support calculations depend entirely on these numbers, and judges treat inaccuracies harshly.
Bankruptcy filings carry a parallel requirement in federal court: the Statement of Financial Affairs is signed under penalty of perjury, and inconsistencies can lead to dismissal or bankruptcy fraud charges.
Proof of Service
Whoever delivers legal documents typically signs an affidavit or declaration describing who was served, when, where, and how. In federal court, proof of service must be made by the server’s affidavit unless a U.S. marshal handled delivery.7Legal Information Institute (LII) at Cornell Law School. Rule 4 – Summons California state courts accept declarations under penalty of perjury for the same purpose. A defective proof of service can stall a case even when the delivery itself was done correctly.
If You’re Filing in Federal Court
Federal court uses a different formula. Under 28 U.S.C. ยง 1746, unsworn declarations replace affidavits if signed under penalty of perjury and dated.8Office of the Law Revision Counsel. 28 U.S. Code 1746 – Unsworn Declarations Under Penalty of Perjury For a document signed inside the United States: “I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date).” Signed abroad, you add “under the laws of the United States of America.”
Notice what’s missing: any reference to California law. Using the CCP 2015.5 wording in federal court may not satisfy the federal requirement, and the reverse is also true. When a matter touches both systems, the safer move is to use the version that matches the court you’re filing in.
Federal Rule 56 adds a further filter for summary judgment: affidavits and declarations must be based on personal knowledge, set out admissible facts, and show that the declarant is competent to testify on the matters stated.9Legal Information Institute (LII) at Cornell Law School. Rule 56 – Summary Judgment Opposing counsel will move to strike anything that reads like opinion or secondhand information.
Why Affidavits and Declarations Get Rejected
Most rejections are mechanical, which makes them especially frustrating when a deadline is closing.
- Missing or altered penalty-of-perjury language. Any meaningful deviation from the CCP 2015.5 formula can sink the document. Forgetting “under the laws of the State of California” when signing out of state is a frequent version.
- No date or no legible signature. Undated declarations raise a timing question; unsigned or unclear ones raise an authorship question.
- Wrong names or case numbers in the caption or body.
- Hearsay and speculation. “I was told” and “I believe it’s likely” get struck.
- Exhibits referenced but not properly labeled, numbered, and attached.
None of these has anything to do with whether the underlying facts are true. Formatting alone is often what stops a court from considering them.
What Happens If You Lie
Because a declaration under penalty of perjury carries the same weight as a sworn affidavit, the criminal exposure is identical. Under Penal Code 118, perjury occurs when someone willfully states something as true while knowing it to be false, while under oath or under penalty of perjury, on a material point. The prosecution must prove both knowing falsity and materiality.
Perjury is a felony punishable by two, three, or four years in state prison under California’s determinate sentencing scheme.10California Legislative Information. California Penal Code 126 A conviction becomes a permanent record that affects employment, professional licensing, and immigration status. For attorneys, perjury is a crime of moral turpitude and can lead to disbarment.
Civil consequences run alongside the criminal ones. False statements that cause financial harm or lead to a wrongful legal outcome can support a damages claim. In family law, lying about income or assets can trigger sanctions, modified orders, contempt proceedings, and attorney’s fees imposed on the party who lied.
Remote Online Notarization
As of 2026, California does not yet allow remote online notarization. Other states permit notaries to verify identity and witness signatures over video, but California’s Online Notarization Act, which sets up the framework, is not scheduled to become fully operative until January 1, 2030. Legislation including AB 1977 has been introduced to adjust the timeline and rules, but until the Secretary of State finalizes implementing regulations, every California notarization must happen in person.
If you can’t easily appear before a California notary, check first whether the filing accepts a declaration under penalty of perjury. Many do. When actual notarization is required, mobile notaries who travel to your location are available throughout the state.