A Washington State affidavit form is a written statement of facts you swear or affirm to be true, used in court cases, estate matters, and other official business. To use one, you draft numbered factual statements, sign the document either before a notary public or with Washington’s statutory unsworn-declaration language, and deliver it to the court or institution that needs it. Blank templates are available through the Washington Courts website at courts.wa.gov/forms/ and through individual county clerk offices.
One thing worth knowing up front: in most situations, Washington lets you skip the notary entirely by using an unsworn declaration signed under penalty of perjury. It carries the same legal weight as a notarized affidavit.
What Goes Into the Affidavit
Every Washington affidavit has the same basic bones. Start with a heading that identifies the document as an affidavit and names the court or agency where it will be used. Add the case number if one has been assigned. Then identify yourself as the affiant with your full legal name, address, and your relationship to the matter.
The body is a series of numbered paragraphs, each stating one fact. Stick to things you personally witnessed or experienced. Washington’s evidence rules require that a witness have personal knowledge of the facts they attest to, so you cannot swear to something you only heard from someone else.1Legal Information Institute. Rule 602 – Need for Personal Knowledge If you have to reference what another person told you, name that person and make clear you are reporting their statement rather than your own observation. Courts routinely strike paragraphs that pass secondhand information off as personal knowledge.
Keep each sentence short and factual. Skip opinions, arguments, and conclusions unless you are testifying as a qualified expert. A judge reading your affidavit wants to know what happened, when, and who was involved. Close the body with a statement that everything above is true and correct, then move to the signature block and either the notary certificate or the unsworn-declaration language.
Notarized Affidavit or Unsworn Declaration
Under RCW 5.50.030, whenever a Washington law requires or allows a sworn declaration (which includes affidavits), you can use an unsworn declaration instead.2Washington State Legislature. Chapter 5.50 RCW – Unsworn Declarations No notary required. You sign the document yourself and add the specific perjury language the statute calls for.
RCW 5.50.050 sets out the form. At the end of your statement, include language substantially like this: “I declare under penalty of perjury under the law of Washington that the foregoing is true and correct.” Then add the date, the city and state where you signed, your printed name, and your signature.2Washington State Legislature. Chapter 5.50 RCW – Unsworn Declarations Leave any of those pieces out, particularly the location and date, and the declaration can be invalidated.
A few situations still require a notarized sworn affidavit: depositions, oaths of office, oaths that must be taken before a specific official other than a notary, and documents recorded under Washington’s real property recording statutes (Title 64 and Title 65 RCW). Any affidavit tied to a real estate transaction or a deed needs to be notarized.
Getting the Affidavit Notarized
When notarization is required, Washington’s Revised Uniform Law on Notarial Acts (RCW 42.45) governs. You appear before a notary public and sign in the notary’s presence. The notary does not read or verify the contents of your affidavit; that part is on you. Their job is to confirm your identity and witness your signature.
The notary verifies who you are in one of three ways: personal knowledge from prior dealings, a current government-issued photo ID such as a passport or driver’s license (or one expired no more than three years), or the sworn testimony of a credible witness who appears in person and is personally known to the notary.3Washington State Legislature. Washington Code 42.45.050 – Identification of Individual If your only ID is expired by more than three years, you will need a credible witness or a current ID before the appointment.
Once you sign, the notary signs and dates the certificate and applies an official stamp that includes the notary’s name and commission expiration date.4Washington State Legislature. RCW 42.45 – Revised Uniform Law on Notarial Acts Banks, shipping stores, and law offices commonly offer notary services, often for $10 to $25 per signature.
Remote Online Notarization
If you cannot appear in person, Washington authorizes remote online notarization under RCW 42.45.280, in effect since October 2020. An electronic records notary public located in Washington can notarize your document over a live audio-video connection.5Washington State Legislature. RCW 42.45.280 – Remote Online Notarization The notary must verify your identity using at least two different types of identity proofing, such as knowledge-based authentication questions combined with a credential analysis of your ID. The entire session is recorded and the notary keeps the audiovisual file. The notary has to be physically located in Washington during the session, but you do not.
Filing or Delivering the Affidavit
Where the completed affidavit goes depends on what it is for. If it supports a pending court case, file it with the superior court clerk in the county where the case is active. You can hand-deliver it to the clerk’s office or send it by certified mail. For affidavits used outside court, such as a small estate affidavit used to collect a decedent’s bank accounts, you typically present the document directly to the bank, employer, or other institution holding the property rather than filing it with the court.
Court filing fees vary by county and case type. In King County, a standard civil filing runs $290, and probate filings also start at $290.6King County. Superior Court Clerk’s Office Fee and Payment Information Filing an affidavit into an existing case usually carries no additional fee, but confirm with your county clerk. Fee waivers are available for people who cannot afford the cost; ask the clerk for a fee waiver application.
Ask for a conformed copy when you file. The clerk will date-stamp your duplicate as proof the document entered the court’s file. Keep it with your records.
What Perjury Costs You
Lying in an affidavit or unsworn declaration is perjury under Washington law, and the penalties are not nominal. Perjury in the first degree applies when you make a materially false statement that you know to be false in an official proceeding. It is a class B felony, punishable by up to 10 years in prison, a fine of up to $20,000, or both.7Washington State Legislature. RCW 9A.20.021 – Maximum Sentences for Classified Felonies
Perjury in the second degree covers false statements made under oath with the intent to mislead a public official, or false statements made during an examination under an insurance contract. It is a class C felony carrying up to five years in prison and a fine of up to $10,000.8Washington State Legislature. RCW 9A.72.030 – Perjury in the Second Degree Prosecutors do not have to prove you knew the false statement was material, only that you knew it was false.
So verify every fact in your affidavit before you sign. If you are unsure about a date, an amount, or a detail, say so in the document rather than guessing. Courts treat honest qualifications like “to the best of my recollection” far more favorably than confident statements that turn out to be wrong.