How to Change Names Legitimately

You must present a formal petition to a court for a legitimate name change.

While many states allow people to informally use a new name, every state has a legal procedure you must follow in order to legally change your name. Formal name change requests are routine business throughout the country and, absent compelling circumstances, courts liberally grant such requests.

Instructions

1. Research your state's legal name change requirements. Exact requirements, supporting documentation and fees vary from state to state, but in general each state requires you to file a formal request (i.e., petition) with the court asking a judge for a court order declaring your new legal name.

2. Complete and file a name change petition. In New York, for example, this form is called "Petition For A Name Change." This document provides basic information to the court such as your current name, address and age as well as the name you would like to assume. The petition should state why you want the name change (e.g., marriage, divorce, stage name), and you may be required to indicate whether you have been convicted of a crime, declared bankruptcy or are subject to any spousal/child support, liens or other financial liabilities. Essentially, the court wants to ensure that you are not trying to change your name for fraudulent or evasive purposes.

3. File the completed and signed petition with the local county courthouse or probate court, depending on your state's specific requirements. You will have to pay a filing fee when you apply. If you cannot afford the filing fee, contact the court clerk's office and ask about a waiver. Bring two copies of the petition to the clerk's office; request that one copy be date/time stamped and returned to you for your records. Once you file the petition, a judge will consider the merits of your request and may require a hearing on the matter.

4. Publish notice of your approved name change (if required in your state). In New York, for example, once a judge grants the petition and issues an order, the order must be filed with the county clerk. The petitioner must also publish the authorized name change in a local newspaper for a time period specified by the court in order to give public notice of the legal name change. Once the publishing requirement has been met, you must file a copy of the published notice along with an affidavit with the clerk detailing the place and length of publication.

5. Notify personal contacts and financial and governmental institutions of your new name. It is your obligation to alert all of your creditors (e.g., credit card issuers, mortgage company, utilities) of your new identity. You must also contact any governmental agency to whom you may owe a financial obligation (e.g., Internal Revenue Service) or from whom benefits may be owed to you (e.g., U.S. Social Security Administration, U.S. Department of Veterans Affairs). Finally, update any estate planning documents (e.g., will, trust, power of attorney, beneficiary forms) with your new name to avoid any disputed future claims.

References

• Petition For A Name Change
• Legal Assistance of Western New York, Inc.: How to Change an Adult's Name in New York
• TheLaw.com: How to File a Legal Name Change

Resources

• UsLegalForms.com: Name Change