What Is an Affidavit?
An affidavit is a written statement that you make under oath or affirmation. It must be notarized by a notary public, who has the training to confirm the signer’s identity. They also have the authority to ensure the signer makes their statement voluntarily. Because an affidavit is notarized, courts and other entities can legally rely on it as a source of truth.
A notarized statement is often non-negotiable in specific legal contexts, so an affidavit can be useful for supporting a case. For example, consider a court case where you’re the sole witness to a car accident. If you submit an affidavit of facts explaining the events you saw, you must get the affidavit notarized. Without a notary acknowledgment, the court may dismiss the form, as a non-notarized statement may not be considered credible.
What’s the Difference Between an Affidavit & a Sworn Statement?
The main difference between an affidavit and a sworn statement is that the former requires notarization, while the latter does not. Affidavits tend to be more formal and used in court cases to present evidence or testimonies. Meanwhile, sworn statements let individuals declare facts they believe to be true, but they are more informal and used in everyday settings.
| Aspect | Affidavit | Sworn Statement |
|---|---|---|
| Notarization | Required | Not required |
| Legal Weight | More legal weight | Less legal weight |
| Common Use Cases | Court cases | Everyday situations |
| Formality | More formal | Less formal |
When Can I Use an Affidavit?
Affidavits are most commonly used in court settings to make truthful statements for evidence provision, but they can also be used for everyday purposes.
1. Legal Proceedings
If you need to go to court, a judge can use a legal affidavit to confirm the validity of your statements and consider them as evidence.
- Civil court cases: Used to present facts and support claims in civil litigation.
- Divorce and family law: Helps confirm facts such as financial status, child custody arrangements, or property division in divorce agreements.
- Criminal cases: Used to swear to facts in criminal defense or prosecution matters.
- Witness testimonies: Provides a statement from a witness about events they saw.
2. Financial & Business Transactions
While financial and business transactions can sometimes be complex, affidavits simplify the process by offering a trustworthy and formal declaration of facts. They can promote transparency and reduce risks for all parties involved.
- Real estate: Used to verify property ownership, confirm loan details, or provide proof of identity during property sales.
- Financial matters: Required to confirm income, assets, or debts when applying for loans or mortgages.
- Business deals: Used in business transactions to confirm terms, clarify ownership, or validate agreements between parties.
3. Government & Administrative Processes
Affidavits matter in government and administrative procedures because they serve as official statements that verify critical information.
Authorities can use affidavits to ensure compliance with laws and regulations, maintain accuracy, and prevent fraudulent claims.
- Immigration: Used to prove identity, residency, or support in visa applications, green card processes, or naturalization.
- Probate & estate planning: Required to validate wills, confirm the identity of heirs, or provide necessary details for asset distribution.
- Insurance claims: Confirm details of a claim, such as an accident or damage, to support the insurance process.
If you need to prove you created a will without outside influence, you can use a self-proving affidavit.
4. Personal Declarations
If you need to communicate key changes in your personal information, an affidavit can help ensure name changes or gender affirmations are legally validated and recognized.
- Name Changes: In some jurisdictions, a court may require individuals petitioning for a name change to submit an affidavit along with the name change form.
- Gender Affirmations: Individuals may submit affidavits to affirm their gender identity, which can be necessary to change the gender marker on official documents like a driver’s license.
What Are the Types of Affidavits?
Whether you need to swear to the truth of property ownership, gift exchanges, or document delivery, Legal Templates has you covered. We offer tailored affidavit forms to fit your unique circumstances. Using the right form lets you input all the details related to your situation and the statement you want to declare.
Declares that a deceased person's estate is below a certain value so property can quickly go to beneficiaries.
Small Estate Affidavit
Verifies that important documents were delivered, including when and how they were sent.
Affidavit of Service
States that someone has died, signed by someone who knows this to be true.
Affidavit of Death
Certifies where a deceased person lived to help transfer stocks and other assets.
Affidavit of Domicile
Swears that a seller owns a property and that it has no liens or claims against it.
Affidavit of Title
How Do I Write a Simple Affidavit Form?
Writing an affidavit form can help you procure a solid piece of evidence to prove your observations or circumstances. Below, you can learn how to write an affidavit form with confidence.
1. Determine the Purpose of the Affidavit
Identify why you need an affidavit and what legal or personal matter it will support. This consideration helps you select the correct affidavit type, whether it’s an affidavit of residence, title, or something else.
You should also refer to the legal requirements in your area. Some states, counties, or local governments may require a certain format or specific wording in your affidavit for them to accept it.
2. Gather Information
Consider the statement you want to make and gather any evidence that supports it. For example, you may attach a copy of a lease agreement or rent receipts to support a claim of where you live.
These supporting documents are called exhibits, and they can strengthen an affidavit’s credibility.
3. Draft the Form
Write your name and the address of where you currently live. This information identifies you as the person making the statement of truth.
Then, write the statements to which you’re affirming under oath. If you need to make multiple statements, include each one on a separate line. Be sure to include the date you’re making the declaration.
Include ample details to create a complete picture, but don’t give superfluous information that doesn’t matter to the statement. When finalizing details, double-check that all names, dates, and facts are correct.
4. Include Witnesses (If Required)
A notary public’s acknowledgment and signature are enough for most affidavits. However, some types may require additional witnesses to confirm that the affiant (the signer) signed willingly and in their presence.
For example, some states require the signatures of a notary public and two disinterested witnesses for an affidavit of heirship.
If you need witnesses, make arrangements for them to be present for maximum efficiency and to prevent delays.
5. Sign Before a Notary & Submit
Once you complete your affidavit form, you must sign before a notary public. Before signing, the notary public will ask you to prevent identification so they can confirm you are who you say you are. They’ll watch you sign the document to verify that you’re validating the statements voluntarily.
Remember, you don’t have to write the statements of truth in front of the notary. However, you have to wait until you’re in their presence to sign the affidavit.
Once the notary authenticates the affidavit with their signature and seal, you must submit it properly. Depending on the purpose, you may need to file the affidavit with a court, submit it to a government agency, or give it to a private entity. Check the specific submission requirements to ensure a seamless delivery.
What Are Tips for Writing an Affidavit?
Writing an affidavit is all about stating the truth clearly and accurately. You can follow these tips to present your statements in the clearest and most organized way possible.
- Speak in the first person. Write from your own perspective using “I” statements to ensure personal accountability.
- Use active voice. Write direct and strong statements to avoid ambiguity (e.g., “I saw the accident” instead of “The accident was seen by me”).
- Stay concise. Keep sentences short and to the point, and avoid unnecessary details or repetition.
- Give descriptions. Stick to objective facts rather than drawing conclusions (e.g., “The car ran a red light” instead of “The driver was reckless”).
- Provide context. Explain the circumstances surrounding your statements.
- Use formal language. Avoid slang or informal wording to maintain credibility.
- Remain truthful. Every statement must be accurate and honest, as false information could lead to legal consequences.
Can an Affidavit Be Handwritten?
An affidavit can be handwritten as long as it contains truthful information and is acknowledged by a notary public. While you can write it by hand, typing it may be preferable to increase its readability.
How Legal Templates Helps With Affidavits
Legal Templates allows you to easily create affidavits to confirm the truth of your statements. Whether you’re proving residency, handling an estate, or submitting a statement for court, a well-structured affidavit ensures your claims are legally accepted. Legal Templates makes this process simple with clear, customizable forms that meet legal standards.
Simply go into our document builder and write your statements of truth. Then, save the form as a PDF or Word document and print it out for signing. Once you meet with a notary public, they can watch you sign your name and certify your statements.
Affidavit Sample
Review the affidavit form template below to see an outline of what your declarations will look like when you record them on paper. When you’re ready, you can use our document builder to create a custom affidavit form tailored to your needs.
Frequently Asked Questions
Who can sign an affidavit?
The affiant, the person making the statement of truth, must be of sound mind and aware of what they’re signing. In most cases, they should be at least 18 years old. Minors may sign affidavits with parental consent or legal guidance, but they must be able to understand the legal consequences of their statement.
What if an affidavit contains false information?
An affidavit with false information can undermine the claims that it intended to support. False statements can also result in charges of perjury, which is lying under oath.
How powerful is an affidavit statement?
An affidavit can be a powerful legal tool because it’s made under penalty of perjury. However, its effectiveness depends on the statement’s accuracy and clarity. If the message is unclear, it might not be useful in a court of law or other contexts.
How much is an affidavit?
Legal Templates provides affordable, customizable affidavit forms for download. Our cost covers the form itself, but you must seek notary services separately. The notary fee can range from $5 to $20, depending on the notary’s location and the document’s contents.
