by Affidavits are commonly used for sworn statements involving legal, financial, immigration, real estate, and administrative matters. But while working with an affidavit, people often wonder, do they need to type it? Does a handwritten affidavit work? Can they scan it and notarize it online?
The answer to all these questions is yes; both handwritten and typed affidavits can be legally valid. However, whether you can scan and notarize them online depends on how the document is prepared, signed, and presented for notarization.
What Makes an Affidavit Legally Valid?
An affidavit is a written statement made under oath. It must generally include these for it to be valid –
- A clear written statement of facts
- The affiant’s (signer’s) signature
- A notarial certificate
- Proper notarization
The law focuses not on whether the document is typed or handwritten, but on content and proper execution.
Key Insights: Courts care more about whether the affidavit was properly sworn and notarized than whether it was typed on a computer or written by hand.
Are Handwritten Affidavits Legal?
Handwritten affidavits are completely valid in most jurisdictions, as long as the text is legible, the language clearly states the sworn facts, the affiant signs voluntarily, and a notary properly administers the oath.
Handwritten affidavits are common in urgent or informal situations. However, clarity is critical. Illegible handwriting can cause delays or rejection.
Are Typed Affidavits Better?
Typed affidavits are generally preferred because –
- They are easier to read
- They appear more professional
- They reduce the risk of ambiguity
- They are easier to store and transmit digitally
Typed affidavits are often recommended for formal proceedings, especially court filings.
Why It Matters: The receiving institution may reject the affidavit if it is unclear or difficult to read, requiring you to redo the document and repeat notarization.
Can I Scan a Handwritten Affidavit and Notarize It Online?
This is where the confusion starts. The signer must electronically sign the document during a live audio-video session with the notary in Remote online notarization (RON). Most states will not allow the notary to simply notarize that scanned version remotely if you have already signed a handwritten affidavit on paper and then scan it. The signature must occur during the live session.
However, there are options –
- You may upload the unsigned affidavit and sign electronically during the session.
- You may rewrite or retype the affidavit digitally before the session.
- In some states, hybrid procedures may apply (depending on local law).
Key Insight: Remote notarization typically requires the act of signing to occur in the notary’s electronic presence, not before scanning.
Why Pre-Signed Documents Cause Problems?
One of the most common mistakes is signing a document in advance and then attempting to have it notarized later online. The notary may acknowledge a previously signed document if identity is confirmed in traditional in-person notarization. But rules are stricter in many states in online notarization. The notary may be required to refuse the notarization if the document was signed before the session.
Pro Tip: Do not sign your affidavit before your online notarization session unless the notary instructs you to do so.
What is the Best Approach for Online Notarization?
The safest process to notarize your affidavit online is –
- Prepare the affidavit digitally (typed or scanned).
- Leave the signature line unsigned.
- Upload the document to the platform.
- Sign electronically during the live session.
This ensures full compliance with the laws governing remote notarization. Platforms such as eNotary On Call are designed to guide users through this process correctly, ensuring that signatures are captured during the legally required session.
Does the Format Affect Court Acceptance?
Generally, no. As long as the affidavit is legally completed, properly sworn, and notarized. Courts and institutions focus on validity and compliance, not aesthetics. However, typed affidavits reduce the risk of misunderstanding.
What About Electronic Affidavits?
Electronic affidavits are increasingly common. Digital documents are signed electronically and sealed with a digital notarial certificate in remote online notarization states. Electronic affidavits often include digital signatures, encrypted seals, tamper-evident technology, and session recording documentation. These features can provide strong evidentiary support.
Why It Matters: Electronic notarization reduces disputes later by creating a clearer audit trail than traditional paper notarization.
When Should You Use In-Person Notarization Instead?
In-person notarization may be preferable if –
- The affidavit has already been physically signed
- The receiving institution requires a “wet signature”
- The document must be physically recorded
- State law restricts certain online notarizations
Always confirm requirements with the receiving party first.
Common Mistakes to Avoid
It is important to avoid signing up before the session. That is a very common mistake people usually make. You should never upload an incomplete document. Using illegible handwritten text would also lead to failure straightaway.
Always make sure to use a compliant platform while choosing notarization. And do not fail to include a notarial certificate. All these errors can cause delays to your urgent work.
Key Takeaways: If the affidavits are properly sworn and notarized, both handwritten and typed affidavits can be legally valid. Typed affidavits are generally preferred for clarity and professionalism, but format alone does not determine legality. The critical factor is that the signature occurs during the live notarizing session. Scanning a pre-signed document may not comply with remote notarization laws. Using a compliant platform such as eNotary On Call ensures the affidavit is executed correctly and in accordance with state requirements.
Conclusion
Format matters less than proper execution when it comes to affidavits. Clarity and compliance are essential, although both handwritten and typed affidavits can be valid. The biggest misconception is that you can sign a document first, scan it, and simply have it notarized online later. That approach does not meet remote notarization standards in most cases.
The safest path is to prepare the affidavit digitally, sign during the live session, and use a compliant platform like eNotary On Call. Proper procedure ensures that your sworn statement is not only notarized, but also legally enforceable.
Frequently Asked Questions
1. Is a handwritten affidavit legally valid?
Yes. A handwritten affidavit is legally valid as long as it is clear, legible, and properly notarized. The law focuses on the sworn statement and proper execution, not whether the document is typed.
2. Can I scan a signed affidavit and notarize it online?
In most remote notarization states, the signature must occur during the live session. If you signed the document beforehand, the notary may not be able to proceed. It is safer to upload an unsigned version and sign electronically during the session.
3. Does online notarization require electronic signatures?
Yes. Remote online notarization typically involves electronic signatures and digital seals. The notary must witness the signing in real time through secure audio-video communication.
4. Are electronic affidavits accepted in court?
In states that authorize remote notarization, electronically notarized affidavits are generally accepted, provided they comply with statutory requirements. Always verify local court rules if filing.
5. Why use eNotary On Call for affidavit notarization?
eNotary On Call provides legally compliant remote notarization, real-time identity verification, and secure digital seals. The platform ensures the affidavit is signed and notarized properly during the required live session, reducing the risk of rejection.
