Legal Name Change: A State-By-State Guide to Changing Your Name

In most states, adults cannot simply start using a new name and expect government agencies to recognize it. A legal name change often involves a petition and court order, especially if you want government agencies — such as the DMV, the Social Security Administration, or the U.S. State Department — to update your records. However, many states also recognize a common law name change based on consistent use, provided it is not for a fraudulent purpose.

Whether you’re changing your name for personal, professional, religious, cultural, or gender identity reasons, understanding the legal process before you file can save time and prevent costly mistakes. This state-by-state guide explains the general steps involved in a legal name change and highlights the requirements that may apply in your state.

If you have questions about your eligibility or your state’s filing requirements, use the Super Lawyers directory to find a qualified civil litigation attorney near you.

Why Would Someone Legally Change Their Name?

The decision to change a name is often highly personal. An adult may seek a legal name change because they no longer identify with their current name, want to embrace a cultural or religious tradition, or wish to ensure that their legal identity matches their gender identity.

Professional considerations, concerns about privacy and safety, and efforts to fix longstanding naming issues are also common reasons people petition the court for a name change.

Who Can Legally Change Their Name?

Before someone changes their name, they must confirm their eligibility. Generally, someone must be at least 18 years old. That makes them a legal adult.

They must also be a resident of the state where they are seeking the name change. Most states require you to live in the state for a specific period before you can request a name change.

Requests must also be made in good faith. In other words, a name change cannot be used for fraudulent purposes. Courts will deny a name change if the purpose is to evade creditors, avoid criminal liability, or commit fraud. Names that are misleading or offensive are also not approved.

The General Legal Process for Changing Your Name: 7 Steps

State laws vary, and each state has its own process for legally changing your name. However, the general process follows similar steps. Before pursuing a name change, it’s advisable to speak with a lawyer licensed in your state.

Step 1: Determine the Correct Court

The first step is to determine the correct court to file the name change petition. States designate different courts for name changes. Filing a petition with the wrong court will result in its automatic dismissal.

• Civil courts
• District courts
• Probate courts
• Circuit courts
• Superior courts

Step 2: Complete a Petition for Name Change

Once the correct court has been identified, the next step is to prepare the required forms. Many states have designated forms that make the process easier. A petition typically requires the following information:

• Current legal name
• Requested name
• Date of birth
• Address and residency information
• Reason for the name change
• Statement about criminal history and any debts

Step 3: File the Petition and Pay Filing Fees

The completed petition is then filed with the correct court, along with the required fee and any additional supporting documents. Some states provide fee waivers for qualified petitioners.

Courts often require supporting documents, such as:

• Birth certificate
• Government-issued identification
• Proof of residency
• Marriage license
• Divorce decree

Step 4: Complete Publication, Notice, or Background Check Requirements

Not every state requires a publication or notice. States that require it have different rules. A common requirement is to publish a public notice of the name change. This allows for possible objections. There are exceptions to these requirements when safety concerns arise.

A criminal background check is also commonly required. This is more common in states that require additional vetting before approving a name change.

Step 5: Attend a Court Hearing

Not every state requires a court hearing. In states that do require a hearing, it is typically a brief administrative one.

The judge may ask the petitioner questions about the reason for the name change. If any interested third parties are present, they may object to the name change at the hearing.

Step 6: Obtain a Court Order Granting the Name Change

If the court approves the name change, it will issue a court order stating so. The court order makes the name change legally effective.

It’s good to obtain multiple certified copies of the court order. You will need them to notify agencies and update records.

Step 7: Update Government Records and Personal Documents

The final step in a name change is notifying the relevant government agencies and your personal accounts. Update your IDs by obtaining a new U.S. passport and state ID.

Inform the Social Security Administration. Update voter registration records with the state. This can often be done when obtaining a new driver’s license.

If you are currently married, you may want to ask your state vital records office whether your marriage record can be amended. However, you generally don’t need a new marriage certificate to update your name on IDs. Instead, a certified court order, or other legal proof of your name change, is typically enough. Any professional licenses must also be updated to reflect the change.

All personal accounts must be updated to reflect the change. This includes all financial accounts, employment records, retirement accounts, insurance policies, estate planning documents, and any other accounts that may be in the previous name.

Name Change Requirements by State

The following table summarizes name change requirements by state, with links to state sites for more information and next steps.

State	Residency Requirement	Filing Court	Filing Requirements	State Statute
Alabama	County residency	Probate Court	Publication not required, criminal background check or sworn affidavit	Ala. Code § 12-13-1
Alaska	District residency	Superior Court	Publication required	Alaska Stat. § 09.55.010
Arizona	County residency	Superior Court	Publication not required, hearing required	Ariz. Rev. Stat. § 12-601
Arkansas	County residency	Circuit Court	Publication not required, hearing required	Ark. Code § 9-2-101
California	County residency	Superior Court	Publication required	Cal. Code Civ. Proc. § 1275
Colorado	County residency	District or County Court	Publication required, criminal background check	Colo. Rev. Stat. § 13-15-101
Connecticut	District residency	Probate or Superior Court	Publication not required, criminal background check	Conn. Gen. Stat. § 45a-99
Delaware	County residency	Court of Common Pleas	Publication required	10 Del. Code § 5901
Florida	County residency	Circuit Court	Publication not required, criminal background check	Fla. Stat. § 68.07
Georgia	County residency	Superior Court	Publication required, hearing required	Ga. Code § 19-12-3
Hawaii	State residency	Lieutenant Governor’s Office	Publication required	Haw. Rev. Stat. § 574-5
Idaho	County residency	District Court	Publication required, hearing required	Idaho Code § 7-801
Illinois	State residency (6 months)	Circuit Court	Publication required, criminal background check	735 Ill. Comp. Stat. 5/21-101
Indiana	County residency (3 months)	Circuit or Superior Court	Publication required	Ind. Code § 34-28-2-1
Iowa	County residency	District Court	Publication not required	Iowa Code § 674.1
Kansas	State residency (60 days)	District Court	Publication not required	Kan. Stat. § 60-1401
Kentucky	County residency	District Court	Publication not required	Ky. Rev. Stat. § 401.010
Louisiana	Parish residency	District Court	Publication not required	La. Rev. Stat. § 13:4751
Maine	County residency	Probate Court	Publication not required	18-C Me. Rev. Stat. § 1-701
Maryland	County residency	Circuit Court	Publication not required	Md. Rule 15-901
Massachusetts	County residency	Probate and Family Court	Publication not required	Mass. Gen. Laws Ch. 210, § 12
Michigan	County residency (1 year)	Family Division of Circuit Court	Publication required, hearing required	Mich. Comp. Laws § 711.1
Minnesota	County residency (6 months)	District Court	Publication not required, hearing required with two witnesses	Minn. Stat. § 259.10
Mississippi	County residency	Chancery Court	Publication not required	Miss. Code § 93-17-1
Missouri	County/state residency	Circuit Court	Publication required, hearing required	Mo. Rev. Stat. § 527.270
Montana	County residency	District Court	Publication required	Mont. Code § 27-31-101
Nebraska	County residency (1 year)	District Court	Publication required	Neb. Rev. Stat. § 25-21,271
Nevada	County residency	District Court	Publication required (not for gender identity)	Nev. Rev. Stat. § 41.270
New Hampshire	County residency	Probate Court	Publication not required	N.H. Rev. Stat. § 547:3-i
New Jersey	County residency	Superior Court	Publication not required, sworn affidavit	N.J. Stat. § 2A:52-1
New Mexico	County residency	District Court	Publication required	N.M. Stat. § 40-8-1
New York	County residency	Supreme or Civil Court	Publication not required	N.Y. Civ. Rights Law § 60
North Carolina	County residency (6 months)	Superior Court	Public notice required, criminal background check	N.C. Gen. Stat. § 101-1
North Dakota	County residency (6 months)	District Court	Publication required	N.D. Cent. Code § 32-28-01
Ohio	County residency (60 days)	Probate Court	Publication required, criminal background check	Ohio Rev. Code § 2717.01
Oklahoma	County residency (3 months)	District Court	Publication required	12 Okla. Stat. § 1631
Oregon	County residency	Circuit Court	Publication not required	Or. Rev. Stat. § 33.410
Pennsylvania	County residency	Court of Common Pleas	Publication required, criminal background check	54 Pa. Cons. Stat. § 701
Rhode Island	Town residency	Probate Court	Publication varies by court, criminal background check, hearing required	R.I. Gen. Laws § 8-9-9
South Carolina	County residency	Family Court	Publication not required, criminal background check	S.C. Code § 15-49-10
South Dakota	County residency (6 months)	Circuit Court	Publication required	S.D. Codified Laws § 21-37-1
Tennessee	County residency	Circuit or Chancery Court	Publication not required	Tenn. Code § 29-8-101
Texas	County residency	District Court	Publication not required, criminal background check	Tex. Fam. Code § 45.101
Utah	County residency (1 year)	District Court	Publication not required	Utah Code § 42-1-1
Vermont	District residency	Probate Court	Publication not required	15 Vt. Stat. § 811
Virginia	County residency	Circuit Court	Publication not required, sworn affidavit	Va. Code § 8.01-217
Washington	County residency	District Court	Publication not required	Wash. Rev. Code § 4.24.130
Washington, D.C.	D.C. residency	Superior Court	Publication not required	D.C. Code § 16-2501
West Virginia	County residency	Circuit or Family Court	Publication required	W. Va. Code § 48-25-101
Wisconsin	County residency	Circuit Court	Publication required, hearing required	Wis. Stat. § 786.36
Wyoming	County residency (6 months)	District Court	Publication required	Wyo. Stat. § 1-25-101

How Long Does a Legal Name Change Take?

It can take several weeks to several months to make a legal name change. The process timeline can vary based on several factors.

The court’s schedule, publication requirements, background checks, and local court procedures can delay the process.

How Much Does It Cost To Change Your Name?

There are several fees associated with changing your legal name. Depending on the fee, costs can range from $10 to several hundred dollars. Budgeting is important, as there are multiple fees that must be paid throughout the process.

• Filing fees
• Publication fees
• Background check fees
• Certified copy fees
• Identification document replacement fees

Talk to a Lawyer About Changing Your Name

While every state has its own rules, most adult name changes follow the same basic path: filing paperwork with the court, satisfying legal requirements, securing judicial approval, and updating government and personal records. A lawyer can explain what your state requires.

Use the Super Lawyers directory to find an experienced civil litigation attorney in your area to assist with your name change.