Free Affidavit Templates

An affidavit is a written statement of facts that you (the “affiant“) swear to be true under oath or affirmation. It should only contain information that you know to be true, not conclusions or opinions. If you intentionally lie, you could face charges of perjury.

You must sign an affidavit in the presence of a notary public. Otherwise, it won’t be legally valid. The notary public verifies your identity and confirms you’re signing without coercion.

Because an affidavit is both sworn and notarized, it carries significant legal weight. Courts, government agencies, and financial institutions can rely on affidavits as credible evidence.

When to Use an Affidavit

One of the most common uses of an affidavit is when a civil case requires testimony. Instead of having a witness submit a live testimony in a courtroom, they can make their statement on an affidavit. Then, a judge can review the written affidavit, making the legal process quicker and more convenient. Affidavits may not always take the place of in-person testimony, so you may still need to appear in court to share the information contained in the affidavit.

Other common use cases of affidavits include the following:

• Proving residency, identity, or relationship status
• Providing financial disclosures in divorces or bankruptcy proceedings
• Supporting loan applications
• Confirming details in real estate, business, or insurance matters

Affidavit vs. Sworn Statement

An affidavit is a type of sworn statement, but not all sworn statements are affidavits. An affidavit must be notarized and is often used in legal settings. A sworn statement doesn’t require notarization and is more informal, typically used for everyday declarations.

Writing an affidavit form can help you procure a solid piece of evidence to prove your observations or circumstances. If you’re wondering where to get an affidavit form, Legal Templates provides a blank template for you to create your own. Learn the steps involved in writing your affidavit below.

Step 1 – Determine the Purpose of the Affidavit

Start by identifying why you need the affidavit—whether it’s for residency, property ownership, or something else. This ensures you choose the proper form and include relevant details. Additionally, verify local rules, as some jurisdictions have specific formatting or language requirements.

Step 2 – Gather Supporting Information

Think through what you’re affirming and collect any documents that back it up. For example, if you’re confirming where you live, attach a lease agreement or utility bill. Or, if you’re writing an affidavit of heirship, you may present a death certificate or a last will. These attachments, called exhibits, boost your affidavit’s credibility.

Step 3 – Name Yourself as the Affiant

Name yourself as the affiant, listing your full legal name and current address. As the affiant, you must be of sound mind and aware of the statement you’re making. In most cases, you must also be at least 18 years old.

In some cases, such as when a minor needs to provide a witness account of something they observed, they may be able to write an affidavit. However, an affidavit signed by a minor has limited legal validity.

A court may not accept it unless they can determine that the minor is a competent witness. In some cases, a minor’s affidavit may not be accepted at all, and a guardian or legal representative will need to swear to the facts instead. If you need a minor to write an affidavit, you can work with an attorney for guidance on the best approach.

Step 4 – Draft Your Statement

Clearly state the facts you’re swearing to. Remain organized, truthful, and specific. If making multiple statements, separate them for clarity. Double-check names, dates, and facts for accuracy before proceeding with the next steps.

Step 5 – Add Final Details

List the date that you’re making the affidavit to establish a clear timeline of your statements. Wait to sign the document until you’re in the presence of a notary public, who can provide a notary acknowledgment. Once you sign, the document will be ready for filing with the requester, whether it be a court or another third party (like a bank). Ensure that you follow any specific submission requirements to avoid delays or rejections.

Does an Affidavit Have to Be Notarized?

Yes, an affidavit must be notarized. Notarization confirms that the signer is who they say they are and ascertains that their statements are factual. Without notarization, a court or other verifier may not view the affidavit’s contents as legally valid.

What Happens After an Affidavit Is Filed?

Once your affidavit is filed, it becomes part of the official record. It can be reviewed by a court, agency, or other party to support your case, verify information, or advance a legal process.

View our blank affidavit form to better understand how to structure your statement of facts. Then, use our guided questionnaire to fill out your own. Get a printable affidavit form, available to download as a PDF or Word document.

This is a document preview. Your customized version will be created after you answer a few quick questions.

IN THE __________ [Court and jurisdiction]

__________,

Plaintiff

vs.

__________,

Defendant

Case No. ____________________

AFFIDAVIT

State of __________

County of __________

I, ___________, of __________, __________, __________ __________ [Address] do hereby swear

under oath that:

1. _______________________________________________________________

2. _______________________________________________________________

3. _______________________________________________________________

Under penalty of perjury, I hereby declare and affirm that the above stated facts, to the best of my

knowledge, are true and correct.

DATED this ___ day of ___________, 20___

Signature

Printed Name

NOTARY ACKNOWLEDGMENT

State of __________

)

) (Seal)

County of __________

)

The foregoing instrument was acknowledged before me this _______ day of __________________,

20_____, by the undersigned, __________, who is personally known to me or satisfactorily proven to me

to be the person whose name is subscribed to the within instrument.

_____________________________________

Signature

_____________________________________

Notary Public

My Commission Expires: ________________