Affidavits, or notarized sworn statements, are used to swear that any written statement or fact is legally valid. You can use an affidavit for many reasons, such as to claim someone was born, to state an item was given as a gift, or as evidence in court.
By Type
Formally records the transfer of a gift of significant value and clearly documents the giver’s wilful donation — distinguishing it from a loan or sale.
Gift Affidavit
It pledges that the person signing the affidavit swears they are who they say they are.
Affidavit of Identity
It certifies a deceased person’s estate is below a certain value and is used for the purpose of quickly distributing their property to beneficiaries.
Small Estate Affidavit
It identifies the surviving family of a deceased person who died intestate (without a valid will).
Affidavit of Heirship
Used to attest to the delivery of important documents by a process server, including the date, time, and manner the documents were served to the recipient.
Affidavit of Service
Used to verify the primary place of residence of a deceased person, in order to effectively transfer stock ownership and other securities.
Affidavit of Domicile
Used to confirm the financial information detailed in the document is reflective of the signer’s financial affairs and gives a court or other party an accurate look into their finances.
Financial Affidavit
Used by a third party with personal knowledge of a person’s death, affirming the person has died.
Affidavit of Death
Used to confirm that a property seller has a true title to the property. Also, it guarantees the property isn’t being sold to someone else, has no liens against it, and the seller isn’t undergoing bankruptcy.
Affidavit of Title
What Is an Affidavit?
An affidavit is a legal document containing a written statement sworn under oath. Affidavits are often used in court proceedings, where a statement of the facts of a matter is required. When you write an affidavit and sign it, you’re swearing under the law that the information contained in the document is accurate.
Affidavits are signed voluntarily in the presence of witnesses and notarized by a public official. Meeting these requirements makes affidavits legally binding, and the signer risks the penalty of perjury if they lie.
➔ Related: How to Write an Affidavit
Difference Between an Affidavit and Sworn Statement
A sworn statement, also known as a sworn declaration, is similar to an affidavit because it contains a statement a person swears is true. Both affidavits and sworn statements can be entered as evidence in a court proceeding.
In either circumstance, the signer may be found guilty of perjury if the statement is relied upon and later found to be untrue. Both affidavits and sworn statements can be entered as evidence in a court proceeding.
One significant difference between the two documents is that an affidavit is notarized by a notary public, which can give it greater credence in court. When a document is notarized, there is less chance that someone coerced a person into signing it. So, in a court case where a statement of facts is required, an affidavit can be seen as more reliable.
Most courts prefer a notarized affidavit rather than a simple sworn statement. However, having a written statement certified and signed by a notary public or another court official can be time-consuming. A sworn statement is faster to process than an affidavit.
When Is an Affidavit Used?
Affidavits serve several purposes and are used in various contexts, including:
Legal Proceedings:
- Court Cases: Affidavits are often submitted as evidence in court cases. Affiants (individuals making the statements) swear to the truth of the information provided.
- Divorce Proceedings: In divorce cases, parties may submit affidavits detailing facts or providing evidence relevant to issues such as child custody, alimony, or property division.
- Criminal Cases: Law enforcement officers, witnesses, or experts may submit affidavits to present evidence or support search warrants.
When a Witness Can't Testify In-Person
Consider a court case involving a car accident where one of the key witnesses is an elderly woman who lives out of state and is too frail to travel. The witness’s testimony is crucial because she saw the accident happen and can confirm which driver ran the red light. Since she cannot appear in court, the lawyers arrange for her to provide an affidavit instead.
In her affidavit, she swears under oath that her statement is truthful and describes what she saw. The affidavit is then submitted as evidence during the trial, and the judge allows it to be considered in lieu of live testimony.
Financial Transactions:
- Real Estate Transactions: Affidavits may be used to confirm certain facts related to real estate transactions, such as the status of title or the identity of the parties involved.
TIP
In real estate transactions, affidavits, deeds, and titles are key components, each serving a distinct role. Understanding how these documents relate to each other is crucial for ensuring a smooth and legally sound real estate transaction.
- Financial Affidavits: In financial matters, individuals may submit affidavits to attest to their financial status, income, or debts.
TIP
In some financial transactions, an affidavit may accompany a promissory note to provide additional legal weight to the document. The affiant might swear under oath to the accuracy of the information contained in the promissory note, confirming the existence of the debt and the terms agreed upon.
Government and Administrative Processes:
- Immigration Proceedings: Affidavits can be used in immigration cases to support claims or establish relationships, such as affidavits of support.
- Probate Proceedings: Affidavits may be submitted in probate cases to attest to the validity of a will or other relevant facts.
Business and Contracts:
- Business Transactions: Affidavits may be utilized in various business transactions to verify information, such as the authenticity of documents or the accuracy of financial statements.
- Contractual Agreements: Parties involved in a contract may submit affidavits to confirm compliance with terms and conditions or to clarify specific details.
Personal Declarations:
- 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 Affirmation: Sometimes, individuals may submit affidavits to affirm their gender identity.
Other Legal and Regulatory Matters:
- Estate Planning: Affidavits may be used to create wills or trusts.
- Insurance Claims: Affidavits can be submitted to support insurance claims.
TIP
Think of an affidavit as an out-of-court written testimony swearing you’re telling “the whole truth, and nothing but the truth.”
How to Write an Affidavit
Step 1 – Fill in the court case information (if applicable)
If your affidavit is used in a court case, you should fill in the document’s relevant details. This includes the following:
- Court and jurisdiction
- Plaintiff and Defendant
- Case number
Step 2 – Provide your details and your written statement
You must provide your details, such as your name and address. Then, write your statement of facts with the following guidelines:
- Avoid writing as if you’re giving an opinion — state the facts
- Write in the first person, using “I”
- Use simple and correct grammar to express your point
- Arrange your facts in a chronological and coherent manner
- Separate your facts so it is easy to read and refer to in court
- Reference any supporting documents and mark those supporting documents as “exhibits.”
Step 3 – Date and sign the document
Once finished, you should fill in the date you wrote the affidavit and provide your signature.
Step 4 – Notarize the Document
Notarizing the document is the last step but the most crucial. You must take the signed affidavit to a notary public who will certify and then notarize the document. This will make it eligible to be used as evidence in court.
The notarization process for signing an affidavit typically involves the following steps:
- Prepare the affidavit
- Contact the licensed notary public to schedule an appointment
- Present identification through a government-issued photo ID, such as a driver’s license or passport
- Sign the affidavit in the notary’s presence
- Take an oath or affirmation
- The notary completes the notarization
- Pay the notary fee
- Receive the notarized affidavit
It’s important to note that the specific notarization requirements and procedures may vary by jurisdiction. Therefore, it’s advisable to consult the laws and regulations of your particular jurisdiction or seek legal advice if you have any questions or concerns about the process.
Importance of Following Legal and Procedural Requirements
For Example, John is involved in a civil lawsuit where he needs to prove that he made regular payments to a contractor for renovation work on his home. To support his case, John decides to submit an affidavit in which he swears that he made all the payments as agreed.
He carefully writes out the affidavit detailing the payment dates, amounts, and method of payment. However, in his haste, John forgets to have the affidavit notarized.
When the case goes to court, John’s affidavit is submitted as part of his evidence. However, the opposing attorney immediately challenges the validity of the affidavit because it lacks notarization. The judge agrees and rejects the affidavit, stating that without a notary’s seal, there’s no legal verification that John actually signed the document under oath. As a result, John’s key piece of evidence is excluded, weakening his position in the lawsuit.
Sample Affidavit Template
Below is a blank General Affidavit template for most use cases.
Definitions of Affidavit Terms
Affiant. A person making the statement and filing the document.
Commencement. A commencement identifies the party attesting to the statement.
Oath. A promise that the statements being made are true to the best of the affiant’s knowledge and belief.
Attestation. A clause at the end of the form affirming the location, parties, and date of signing. This may also be referred to as the “jurat.”
Notary Public. An official state that ensures the validity of the signature and guarantees that the signature was not applied under duress.
Frequently Asked Questions
Does an Affidavit Have to Be Notarized?
Yes, an affidavit must be notarized according to the laws of your state. The notary public is there to ensure the validity of the signature and the affiant’s identity and guarantee that you signed the affidavit without being coerced.
Who Can Sign or Notarize an Affidavit?
All affidavits must be signed by the affiant and a notary.
The notary public must first notarize the affidavit, signifying that they attest to the authenticity of the affiant’s presence and signature. They then stamp and seal the document to be filed with the appropriate agency.
There is no age requirement for an affiant when signing an affidavit. As long as an affiant is “of sound mind” and old enough to understand the significance of the oath and affirmation of facts, they may sign it.
Where to Notarize an Affidavit?
You can get your affidavit notarized in several places:
- A notary’s office
- Your bank or other financial institution
- Shipping service providers like UPS or USPS
- Signing up for an online virtual notary service
- Hiring a traveling notary public
What Is a Statutory Declaration?
It is a legal document containing a written statement of facts about something true. Statutory declarations are sworn oaths like affidavits but are used to give facts like your identity, nationality, or marital status if you cannot show the proper documentation.
How to File an Affidavit?
Knowing how and where to file an affidavit depends entirely on the exact purpose of the affidavit. Government agencies, legal offices, financial institutions, and businesses use affidavits. Depending on the type of affidavit and intended use, you may need to file the affidavit with the appropriate district or circuit court in your county or town. Suppose you have any questions determining whether you need to file or about filing an affidavit. In that case, you can obtain information from the government agency, legal professional, or organization you are working with and create this affidavit.
