Updated June 22, 2023
An affidavit is used for a person (“affiant”) to make a sworn statement about true and correct facts. The sworn statement is recommended to be notarized. If any of the facts are found to be untruthful, the affiant could be liable for perjury.
Table of Contents |
By Type (15)
Affidavit of Correction – Used to correct an error on a government record/document, such as a vehicle’s title certificate.
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 Affidavit for Court – For use in a legal case to provide written testimony.
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 Affidavit of Domestic Partnership – Used to prove a relationship of an unmarried couple, typically requiring the couple to have lived together for at least six months. This affidavit is often used when a couple applies for health insurance together.
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 Affidavit of Domicile – If given the right, this form is used to take ownership of a deceased person’s stock after their death.
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 Affidavit of Employment – Verifies an individual is employed including their position, pay, and type (full or part-time).
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 Affidavit of Financial Disclosure (waiver) – Used primarily when spouses will not be exchanging financial information prior to signing a prenuptial agreement or other marital contracts.
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 Affidavit of Forgery – Used to declare a signature was falsified.
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 Affidavit of Identity – Used to verify a person’s identity.
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 Affidavit of Paternity – Used to establish the paternity of a child when there is a question of doubt. Commonly used when two individuals are adopting a child. |
 Affidavit of Residence – A written declaration (under oath) issued by an individual attesting to the validity of their residency.
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 Affidavit of Service – Provides proof to a court that documents were served from one party to the other.
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 Affidavit of Successor Trustee – Used when a person who was part of a joint-tenant property dies.
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 Affidavit (Certificate) of Trust – Used to show or prove a trust exists and includes general details.
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 Self-Proving Affidavit – Used to provide an extra layer of documentation when creating a will. It eliminates the possibility of a testator’s will being called into question after their death.
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 Small Estate Affidavit – Also known as an “Affidavit of Heirship.” Used when someone dies without a will and had assets less than the state requirement for probate.
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What is an Affidavit?
An affidavit is used for legal matters when a person gives facts and swears them to be true. A person that signs an affidavit, which is the ultimate act of backing up their statements, is known as the “deponent.” An affidavit is not complete until signed and notarized.
Once complete, an affidavit has the same effect as testifying under oath. It is most commonly used when obtaining testimony from a witness that is unable to appear in court.
When an affidavit has the potential to either make or break a case, it’s recommended to seek consultation from a lawyer.
Sample Affidavit
AFFIDAVIT
(SWORN STATEMENT)
Date: [DATE]
My legal name is [AFFIANT’S NAME] (“Affiant”) and acknowledge I am:
- Age: [AGE]
- Address: [ADDRESS]
- Residency: [RESIDENCY]
Being duly sworn, hereby swear under oath that: [SWORN STATEMENT]
Under penalty of perjury, I hereby declare and affirm that the above-mentioned statement is, to the best of my knowledge, true and correct.
Affiant’s Signature: ____________________________
Date: _____________
How to Write an Affidavit (4 steps)
- Step 1 – Think About the Facts
- Step 2 – Describe the Events
- Step 3 – Seek Legal Counsel
- Step 4 – Have Sworn and Notarized
Step 1 – Think About the Facts
It’s best to get in a calm mindset and think about the events that occurred. Try to remember everything that occurred in preparation to write.
Step 2 – Describe the Events
Download a Blank Affidavit (PDF, MS Word, OpenDocument).
Write and illustrate the facts in the best possible manner. Once complete, review carefully as any false testimony can be a penalty of perjury.
Step 3 – Seek Legal Counsel
Any type of testimony is subject to legal exposure. It’s best to review an affidavit with a licensed attorney before submitting it to a court.
Step 4 – Have Sworn and Notarized
Once complete, most district courts will require an affidavit to be notarized. This can be done at a bank, attorney’s office, or at Notarize.com.
Frequently Asked Questions (FAQs)
- Is an Affidavit Required to be Notarized?
- What Does a “Sworn Statement” Mean?
- How to File an Affidavit?
- Who Can Sign an Affidavit?
Is an Affidavit Required to be Notarized?
An affidavit is required to be notarized or signed in the presence of the court clerk. This is required for all affidavits filed with a local district court.
What Does a “Sworn Statement” Mean?
A sworn statement is an individual’s written testimony that is required to be truthful or be under penalty of perjury.
How to File an Affidavit?
An affidavit should be filed at the local district court where the case is located.
Who Can Sign an Affidavit?
The person who gave the sworn statement in the affidavit must always be the one to sign (and notarize). Ideally, this should be individuals above 18 years although minors can also sign.