A scrivener’s affidavit is a sworn statement of an individual who has executed a legal document and wants to make some changes to it. The fillable affidavit form adds some details or brings minor changes to the legal document. Keep the original document in front of you while you fill in the scrivener's affidavit form, so every name and number matches.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.
This affidavit typically comes in the form of a short paper that is aimed at correcting minor errors in existing legal documents. Among such errors might be typographical errors, misspellings of a name, etc.
But when it comes to significant changes to the document, a scrivener’s affidavit is not the best way to go. For instance, if parties to a contract write an incorrect term that influences the entire document, they should create an amendment or a new document and execute it.
Here is a simple example. John Black transfers the title of a property to Mary Johnson. Later, Mary Johnson signs a deed that transfers the rights to the property from M. Johnson to Lisa Green.
Real estate title examiners might not be sure whether Mary Johnson and M. Johnson are the same person. This is when a scrivener’s affidavit comes to help.
The document will let Mary Johnson clarify the information in the property records if she states: “M. Johnson and Mary Johnson are the same individual.” In this case, the vagueness in the title will be eliminated.
Keep these points in mind:
A scrivener’s affidavit might be confused with a corrective deed, but essentially, these are different documents. A corrective deed brings changes to the information already mentioned in the initial deed. A scrivener’s affidavit does not correct existing information; instead, it brings new details to the real estate records with the intention of clarifying certain sections of the document.
In comparison with the same corrective deed, a scrivener’s affidavit has relatively limited use. It should only be used in situations where nothing has to be changed in a deed and title issues can be resolved by adding some information.
Work through the six parts below from top to bottom. Even though there is no standardized form of a scrivener’s affidavit, there are certain requisites that should be present in every document of this type:
The section is commonly placed in the top left corner of the document and should include the name and address of the affiant. The next thing to include is the property identification number and the document number to correct.
In the first paragraph of the main body, the affiant should state how they are related to the document they will bring additions to. For instance, it might be a drafting attorney, closing title company, grantor or grantee, etc. Then you should include the number of the document and specify what mistake you want to correct with the use of the affidavit.
The wording like this might be used:
“I, [Name of the affiant], the affiant and preparer of this Scrivener’s Affidavit, whose relationship to the above-referenced document number is [The affiant’s relation to the document], do hereby swear and affirm that Document Number: [The number of the document that is being changed], included the following mistake: [The type of mistake made in the document].
Next, the affidavit should show in what way the mistake will be corrected. The document might state:
”The mistake is hereby corrected as follows: [Way of fixing the mistake in the document].
If the mistake does not fit in the form, you might use additional pages for specifying the way of fixing the mistake. Please note that you are not supposed to attach the original or certified copy of the document to the affidavit.
In the last paragraph of the affidavit, you should swear that the information you have included is true and correct.
The following wording might be used:
“Finally, I, [Name of the affiant], the affiant, do hereby swear to the above correction, and believe it to be the true and accurate intention(s) of the parties who drafted and recorded the referenced document.”
At the bottom of the document, the affiant should include their signature and date of the document.
The affidavit form should include the section for the notary acknowledgment where a notary public can affirm the signing of the affidavit by the named affiant. There should be a place for their stamp, signature, and date.
Tip: Describe the mistake and the correction in short, plain sentences. A reader can then compare the affidavit with the original document at a glance.
It is a short sworn statement that adds details or clarifies a minor clerical or typographical error in a document that was already signed. A misspelled name is a typical example.
Start with the name and address of the person who prepared it, plus the property identification number and the document number. Then add a short description of the error and the correction, followed by the signature, the date, and a notary section.
Replace each part in square brackets with the details of your own document. For example, write the real name of the person signing in place of [Name of the affiant].
Keep the original next to you while you write. Compare every name, address, county, and number with it. You can also call anyone involved in the original paperwork and ask them to read your draft.
General information, not legal or tax advice.
