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Home Personal & Family Affidavit

Affidavit Templates (12)

Use our Affidavit template to swear to the truthfulness of a statement or fact.

Updated May 26, 2023 | Legally reviewed by Brooke Davis

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.

Key Considerations

✅ Legally binding

✅ Required to be notarized

❌ Lying on affidavits is punished by laws

Table of Contents
  • Types of Affidavits
  • What is an Affidavit?
  • How To Write an Affidavit
  • General Affidavit Template
  • How To File an Affidavit
  • Frequently Asked Questions

Types of Affidavits

There are numerous affidavits, all specific to why they’re being used. Listed below are several different types of affidavits with free, customizable legal templates:

gift affidavit

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

affidavit of identity template

It pledges that the person signing the affidavit swears they are who they say they are.

Affidavit of Identity

affidavit of residency

Used to verify someone’s legal address.

Affidavit of Residency

Most Popular
small estate affidavit

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

affidavit of heirship

It identifies the surviving family of a deceased person who died intestate (without a valid will).

Affidavit of Heirship

affidavit of service

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

affidavit of domicile

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

financial affidavit

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

Affidavit of death

Used by a third party with personal knowledge of a person’s death, affirming the person has died.

Affidavit of Death

affidavit of title

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

employment verification letter

Used to prove an individual's salary and employment history.

Affidavit of Employment

affidavit of paternity form

Used to acknowledge paternity for a child born outside of marriage.

Affidavit of Paternity

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

When is an Affidavit Used?

An affidavit is used when someone is required or asked to make a statement of fact under oath.

TIP

Think of an affidavit as an out-of-court written testimony swearing you’re telling “the whole truth, and nothing but the truth.”

You’ll commonly find affidavits used in the following situations:

  • Court cases
  • Legal summonses
  • Pre-trial interrogatories during legal proceedings
  • Verifying finances to a judge or bank
  • Attesting to an address
  • Proving a relationship with a deceased individual
  • Distributing property to beneficiaries
  • Purchasing land or real estate

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
affidavit court case information
An example of where to include court case information in an affidavit

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.”

affidavit party details

Step 3 – Date and sign the document

Once finished, you should fill in the date you wrote the affidavit and provide your signature.

affidavit date and 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.

How to Notarize an Affidavit

The notarization process for signing an affidavit typically involves the following steps:

  1. Prepare the affidavit
  2. Contact the licensed notary public to schedule an appointment
  3. Present identification through a government-issued photo ID, such as a driver’s license or passport
  4. Sign the affidavit in the notary’s presence
  5. Take an oath or affirmation
  6. The notary completes the notarization
  7. Pay the notary fee
  8. 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.

General Affidavit Template

Below is a blank General Affidavit template for most use cases.

general affidavit template

PDF
Word

How To File an Affidavit

Knowing how to file an affidavit depends entirely on the exact purpose of the affidavit. Various government agencies, legal offices, and businesses use affidavits. So you need information from the relevant organizations to file the document.

If you have any questions about filing an affidavit, ask a lawyer or the notary public that is validating your form when you visit.

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.

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.

general affidavit template Preview PDF

Create Your General Affidavit in Minutes!

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general affidavit template

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