No. In Washington, an acknowledgment is not an unsworn statement, and you cannot substitute one for the other. RCW 9A.72.085, the statute that authorizes unsworn statements certified under penalty of perjury, says directly that it does not apply to writings requiring an acknowledgment.1Washington State Legislature. Washington Code 9A.72.085 – Unsworn Statements, Certification The two instruments do different jobs, and swapping them can invalidate a document or create criminal exposure.
What Each One Actually Proves
An acknowledgment proves who signed and that they signed voluntarily. You appear before a notary public or another authorized official, the notary verifies your identity, and the notary confirms you signed of your own free will. The notary is not vouching for anything written inside the document. Under RCW 42.45.050, identity is established through personal knowledge or satisfactory evidence such as a current passport, driver’s license, or government-issued ID card, including one that expired within the past three years.2Washington State Legislature. Washington Code 42.45.050 – Identification of Individual RCW 64.08.010 lists who can take an acknowledgment in Washington, including judges, notaries public, licensed attorneys, and clerks of the superior court.3Washington State Legislature. Washington Code RCW 64.08.010 – Acknowledgments, Who May Take
An unsworn statement proves something different: that the contents of a document are true. No notary is involved. You sign, you date, and you include the certification language the statute requires. RCW 9A.72.085 prescribes substantially this form: “I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct,” followed by the date, place of execution, and your signature.1Washington State Legislature. Washington Code 9A.72.085 – Unsworn Statements, Certification When the law allows this substitute, the certified statement carries the same legal weight as a notarized affidavit.
The two protections exist for different reasons. An acknowledgment guards against forgery and coercion by putting a neutral third party between you and the paper. An unsworn statement guards against lies by holding you criminally accountable for what you wrote. A deed needs the first. A court declaration needs the second.
The Carve-Out That Forbids Substitution
RCW 9A.72.085 contains an express exclusion in subsection (4). The unsworn-statement option “does not apply to writings requiring an acknowledgment, depositions, oaths of office, or oaths required to be taken before a special official other than a notary public.”1Washington State Legislature. Washington Code 9A.72.085 – Unsworn Statements, Certification
That language is categorical. If a document requires an acknowledgment, a perjury certification will not take its place. A deed that needs to be acknowledged before recording cannot instead carry declaration language. A power of attorney that requires notarization cannot be replaced with a signed statement under penalty of perjury. Treating the instruments as interchangeable can defeat the document’s enforceability.
When You Need Which
The sorting rule is simple. If the point of the signature is to prove you authentically signed, you need an acknowledgment. If the point is to prove the facts you are stating are true, an unsworn statement works.
Acknowledgment is required for real property deeds and conveyances, deeds of trust, powers of attorney, and other instruments recorded with the county auditor. Deeds conveying or encumbering real property in Washington must be acknowledged before the auditor will record them.4Washington State Legislature. Washington Code 64.08.020 – Acknowledgments in Other States and Territories
An unsworn statement is permitted for court declarations, motions, pleadings, administrative filings, and other contexts where Washington law calls for a sworn statement or affidavit to support factual claims.
Situations that look like they need both usually do. A declaration filed with a court about a real estate dispute can be an unsworn statement, because it is proving facts. The underlying deed still needs its own acknowledgment, because it is proving valid execution. One does not cure the other.
One note on federal filings. Federal courts accept unsworn declarations under 28 U.S.C. § 1746, and the required wording differs slightly from the Washington form. If you are filing in federal court, use the federal language rather than the state version.5Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury
If Distance Is the Reason You Were Looking for a Shortcut
People sometimes reach for an unsworn statement because getting to a notary feels impractical. Washington has a legitimate answer for that: remote notarization. RCW 42.45.280 lets an electronic records notary perform notarial acts for remotely located individuals using audiovisual communication technology. You appear by video, and the notary verifies your identity using at least two different types of identity proofing.6Washington State Legislature. Washington Code 42.45.280 – Electronic Records Notary Public
The requirements are stricter than for in-person work. The notary must record the full audiovisual session and keep the recording for at least ten years, and must confirm that the document on screen is the same one you are signing. If you are outside the United States, the document must relate to property, a court filing, or another matter connected to U.S. jurisdiction, and the signing cannot be prohibited by the laws of the country where you are located.6Washington State Legislature. Washington Code 42.45.280 – Electronic Records Notary Public
What Goes Wrong If You Confuse Them
Using an unsworn declaration where an acknowledgment is required leaves you with a document that may fail its purpose. A deed presented to the county auditor without a proper acknowledgment can be rejected for recording. A power of attorney missing its notarial certificate can be refused by the institution asked to honor it. A defective acknowledgment on a real estate instrument can cloud title and delay or derail recording.
Going the other way carries its own cost. Because an unsworn statement has the same legal force as a sworn affidavit, lying in one is perjury. Perjury in the second degree under RCW 9A.72.030 is a class C felony and applies when someone makes a materially false statement with intent to mislead a public servant or during an insurance examination under oath.7Washington State Legislature. Washington Code 9A.72.030 – Perjury in the Second Degree Courts also have broad discretion to strike fraudulent declarations, dismiss claims built on false statements, and impose monetary sanctions. In federal filings, a false statement in a 28 U.S.C. § 1746 declaration is punishable under 18 U.S.C. § 1621.8Office of the Law Revision Counsel. 18 US Code 1621 – Perjury Generally
If you are not sure which instrument your document calls for, check the statute, rule, or recording requirement that governs the filing. The language will tell you whether an acknowledgment is required or whether a declaration under penalty of perjury will do.