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Law Office of Jenny Cochrane
Office in Kirkland, serves Seattle, United States
Consultation $200 for 1 hour
Hourly rate $375

Founded in 2009
5 people in their team
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Law Office of Jenny Cochrane is a Washington-based law firm serving individuals, families, professionals, businesses, and organizations throughout Kirkland, Bellevue, Redmond, Seattle, the Eastside, King County, and communities across Washington State. The firm handles a wide range of legal matters...
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Do you need a lawyer to prepare an affidavit or declaration in Seattle?

Often, no. Washington law allows many statements to be made as declarations under penalty of perjury without notarization, but the court, agency, or other recipient may require a sworn and notarized affidavit or a specific form.

In Seattle, state law governs notarization and declarations. The right document depends on where it will be used, what facts it must establish, and whether the recipient accepts a Washington declaration instead of an affidavit.

A notary verifies a signer’s identity and administers an oath or acknowledgment; a notary does not decide whether the statement is legally sufficient or true. A lawyer can assess the required form, draft or review the statement, and advise how it may affect a court case or transaction.

When a Seattle lawyer may be useful

  • A King County court filing: You need a declaration supporting a motion in King County Superior Court, and the wording or evidence could affect a civil, family, or housing dispute.

  • A Seattle Municipal Court matter: You are preparing a sworn statement about an event, citation, or other issue and need to confirm whether that court accepts the proposed format and evidence.

  • A real estate transaction: A title company, lender, or other transaction participant requests an affidavit about ownership, identity, occupancy, or missing records, and an error could delay closing.

  • A document for use outside Washington: An out-of-state court, agency, or foreign authority requires notarization, witnesses, or authentication that differs from Washington’s declaration rules.

  • Conflicting or sensitive facts: Your statement concerns disputed events, another person’s rights, or information you cannot personally verify, creating a risk of legal consequences if it is inaccurate.

Washington laws that govern affidavits and declarations

Revised Uniform Law on Notarial Acts, chapter 42.45 RCW: This Washington law governs notarial acts, including oaths, acknowledgments, and electronic and remote notarizations. The current framework took effect July 1, 2018; remote notarization became available under Washington law in 2020.

Unsworn declarations, RCW 9A.72.085: This provision allows a qualifying written declaration made under penalty of perjury to be used in place of a sworn statement in many situations. The declaration must include the required statement, the date and place of signing, and the declarant’s signature.

These laws do not override every recipient’s rules. A court, government agency, lender, or foreign authority may require a particular form, an oath before a notary, or additional authentication.

Frequently asked questions

What is the difference between an affidavit and a declaration?

An affidavit is a written statement sworn or affirmed before an authorized person, commonly a notary. A declaration is generally signed with a statement that its contents are true under penalty of perjury and may not require notarization under Washington law.

Do I need a lawyer to get an affidavit notarized?

No, not for a straightforward notarization. You may need legal advice if you are unsure what the document should say, whether it meets the recipient’s requirements, or what consequences follow from signing it.

Can I use a declaration instead of a notarized affidavit in a King County case?

Washington law permits qualifying declarations in many legal proceedings, but filing rules and the type of proceeding matter. Check the applicable court rules and any order in your case, or ask a lawyer before substituting one document for another.

What wording must a Washington declaration include?

RCW 9A.72.085 sets out required language stating that the declarant declares under penalty of perjury under Washington law that the statement is true and correct. The declaration must also be signed, dated, and identify where it was made.

Who can notarize an affidavit in Seattle?

A Washington notary public whose commission is current can perform notarial acts within the authority of that commission. Confirm the notary’s availability and ask whether the document requires an oath, an affirmation, or an acknowledgment.

Can an affidavit be notarized remotely?

Washington permits remote notarization by notaries who meet the state’s requirements for that service. Confirm that the notary is authorized to perform it and that the organization receiving the document accepts remote notarization.

What should I bring to an in-person notarization?

Bring the complete document and identification the notary can accept under Washington law. Do not sign beforehand if the notary must witness your signature or administer an oath, and leave blank fields that must be completed during the appointment.

How much does an affidavit or declaration cost?

A declaration you prepare yourself may have no filing or drafting fee, while notarization and legal assistance can involve separate charges. Lawyer fees vary by the work required, so ask for the fee structure and any additional costs before engaging counsel.

How long does it take to prepare and notarize one?

A simple document may be ready for signing the same day if its wording and required form are settled. Court-related or transaction documents can take longer when facts, supporting records, or recipient requirements need review.

Can someone else sign an affidavit for me?

Generally, the person making the statement must sign it, and a notary must follow the applicable identity and appearance requirements. If the person cannot sign or appear in the usual way, ask the recipient and a lawyer about permitted alternatives before proceeding.

Does notarization prove that everything in the affidavit is true?

No. Notarization confirms the notarial act, such as identity verification and the taking of an oath or acknowledgment; it does not independently verify the facts in the document.

Official Seattle-area resources

  • Washington Secretary of State, Corporations and Charities Division: Provides information about Washington notaries, notarial requirements, and apostilles or authentications for documents intended for use elsewhere.

  • King County Superior Court Clerk: Handles court records and filings for King County Superior Court, including the Seattle courthouse. The clerk can provide procedural information but cannot give legal advice.

  • Washington State Bar Association: Offers public information and a lawyer directory to help people locate Washington attorneys, including those whose work involves court documents and sworn statements.

Steps to find and hire a lawyer

  1. Ask the recipient what it requires. Contact the court, agency, lender, or other organization promptly to confirm whether it accepts a declaration or requires a notarized affidavit, witnesses, or a specific form.

  2. Collect the relevant documents. Gather the requested form, supporting records, deadlines, and any correspondence explaining the requirement. Allow a day or two if you need records from more than one source.

  3. Decide whether legal advice is warranted. For a routine identity or signature notarization, a lawyer may not be necessary. Consider counsel when the statement supports a contested case, affects property rights, or will be used outside Washington.

  4. Find lawyers with relevant experience. Use the Washington State Bar Association’s lawyer directory and look for attorneys who handle the underlying matter, such as litigation, family law, real estate, or cross-border documents.

  5. Compare consultations and fees. Contact more than one lawyer if time permits, explain the deadline, and ask who will draft or review the document, what the fee covers, and whether notarization is included.

  6. Review the final document before signing. Check names, dates, facts, and attachments with the lawyer or recipient. Sign only as directed, complete any required oath or notarization, and keep a signed copy for your records.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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