Affidavit Form

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An affidavit is a sworn statement made voluntarily in writing and can be used for many reasons including attestation of birth, death, a place of residence, or to provide evidence in a trial by law. Depending on the type of affidavit form and the laws in the jurisdiction, an affidavit may need to be signed in front of certain witnesses, including officers of the law, to be legally binding.  

You can fill out a blank affidavit template by selecting your state and the type of affidavit form above. Or, you can download a free printable affidavit below.

What is an Affidavit? 

As aforementioned, a simple affidavit is a sworn statement made in writing. The party giving the written statement declares the facts stated are true and confirms this under oath. It must be signed before an officer who is empowered to administer such oaths. The most commonly used statement is a general affidavit. This is seconded by a small estate affidavit.

An affidavit form may be used in many different scenarios. 

  • In business, it is often used to confirm the financial security of an individual applying for a credit card, or the financial status of a corporation. 

  • Within the judicial system, it is generally used as evidence in trials and hearings. 

  • An affidavit form may also be used as evidence in administrative and quasi-judicial proceedings. However, this only happens if no objection is made to its use and if it is subject to cross-examination.

Because an affidavit is a legal statement, it verifies your personal information for identification purposes. This may include your full legal name, date of birth, age, and may also include your Social Security Number in some instances. Affidavits must be signed by the affiant (the person making the sworn statement) in front of a notary.

What is a statutory declaration? 

A statutory declaration is a form of affidavit. It serves the same basic purpose. The difference between an affidavit and a statutory declaration is that a statutory declaration is used in Australia, Canada, and the United Kingdom. An affidavit is used in the United States.

When Should You Use an Affidavit? 

Affidavits can commonly be found in the following scenarios: 

  • Entering into a contract of agreement

  • During a court case for both the civil legal process (such as family law) and criminal matters

  • Applying for work with government agencies

  • As evidence for administrative hearings

  • Loss of cell phone or SIM card if you file an insurance claim through the carrier or third party insurance company

  • Name change

  • Requesting a birth certificate or death certificate

  • To prove your identity if you lose your driver’s license or other identification card

Types of Affidavits

Not all affidavits are the same although they're all used to verify that the affiant has personal knowledge of the information within the document. There are several types of affidavits, including:

  • Affidavit of Domicile: Commonly used when probating a will or navigating multiple trusts. This affidavit establishes the legal residence of the deceased at the time of their death. This type of affidavit may be state specific.

  • Affidavit of Heirship: Commonly used in estate planning. Typically, this affidavit is used to establish legal heirship of the deceased if they died without a valid will.

  • Affidavit of Marriage: Declares that two individuals are legally married. These affidavits are commonly used when a married couple cannot find their marriage certificate.

Affidavits for sweepstakes recipients

Many sweepstakes require a signed and notarized affidavit to confirm the identity of the winner in order to collect an award. This ensures that the potential winner is who they claim to be and are not trying to fraudulently claim a prize. Affidavits in this scenario verify the following:

  • The accuracy of the information you entered on your sweepstakes form

  • That you entered the contest legally and followed the contest rules

  • That you are eligible to win the sweepstakes

  • That you agree to the terms of accepting the price (if applicable)

Make sure you read the affidavit thoroughly before signing. Look carefully at what the affidavit requires and be sure you can comply with all the included provisions (e.g. having your picture published, etc.).

Affidavits in divorce

During the legal separation and divorce process, you will provide a financial affidavit. The affidavit components include information about your: income, expenses, assets (such as real property, bank accounts, and retirement accounts), and debts. Financial affidavits are used to determine how assets and debts will be divided between the former spouses. If you’re not truthful in this document and try to hide assets, the court may impose severe penalties, including awarding 100% of hidden assets to your former spouse. 

Special circumstances for Affidavits

  • Regulations vary by state. Financial affidavits may be called something slightly different in your jurisdiction.

  • Your divorce attorney will only review this affidavit for major mistakes. It is your responsibility to ensure all of the information is complete and accurate.

  • You can revise your financial affidavit if your financial circumstances change, even after you file it with the court.

Parties involved in writing an affidavit

Writing an affidavit requires the participation of several parties even though the affiant is the one actually writing the statement. They are:

  • Relevant court or legal entity receiving the affidavit.

  • Affiant: Person who writes and/or files the affidavit.

  • Oath Commissioner or Notary Public: Person who authorizes the signature of the affiant, signs, and seals the affidavit which authenticates it.

  • Witnesses: Generally, two people are required to serve as witnesses to the authenticity of the document.

Notarization

A notary serves as an impartial third party who can legally verify the identity of the persons involved in an affidavit. When meeting with a notary, they will require you to provide a legal form of identification. Notaries cannot provide legal advice, so avoid asking them for input regarding your situation.

Download a PDF or Word Template

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Sample Affidavit

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Sample Affidavit

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