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An Affidavit is simply a written, notarized sworn statement. An Affidavit can be used for nearly any reason such as to attest to someone's death or birth, to state a place of residence, or to be... Read more

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Making an Affidavit Form

  • What is an Affidavit?

    An Affidavit is simply a written, notarized sworn statement. An Affidavit can be used for nearly any reason such as to attest to someone's death or birth, to state a place of residence, or to be entered as evidence in a court trial. When you sign an affidavit, you are simply attesting, under law, that you swear a statement written in the affidavit is true.

    A good way to think of an affidavit is as a type of written court testimony. Where, in a court of law, you would have to place your hand on a Bible and swear that you are telling the truth and nothing but the truth, in an affidavit, you simply do this in writing. You are under oath, but your statement is on paper instead of in spoken testimony.

    Many government forms—like voter registrations, for example—could technically be defined as affidavits, since lying on such forms can carry with it the charge of perjury.

  • When should I use an Affidavit?

    • You have been asked to make a declaration or statement of fact under oath.
    • You have asked someone to make a declaration or statement of fact under oath.

    Our Affidavit forms allow you to submit any type of statement and can be customized to any state. To use this form, simply fill in a few items of information and take it to a notary public to be signed and notarized.

  • What are other names for an Affidavit?

    Affidavit Form, Affidavit Letter, Sworn Affidavit, General Affidavit, Sworn Statement, Notarized statement, Statement Under Oath, Sworn Oath Form, Sworn Oath Statement, General Affidavit

  • What does an Affidavit do?

    A General Affidavit is a sworn statement of fact on any topic. Our Affidavit is such an Affidavit. It includes a space for entering a unique statement. It is for general purposes rather than designed specifically for a certain situation, such as a statement of name change. This Affidavit can be made suitable for most situations. We offer Affidavits for specific scenarios if that would suit your needs better.

  • How do I write an Affidavit?

    You can easily make an Affidavit within a few minutes using our document builder. You simply fill in some information then print the form to bring to a Notary Public for signing. To complete the Affidavit, you'll submit the following information:

    • Location: state and county
    • Your information: name and state
    • Statement: what you are going to declare as true

    The Affidavit will automatically generate to suit the state the document will be signed in and will include the necessary Notary Public legalese required.

  • Who can sign an Affidavit?

    The first qualification is that the signee is competent, which in most cases means “of sound mind,” or capable of understanding what they are signing, and at least 18 years old. They should also be someone who has first-hand knowledge of the information they are attesting to and they should not feel pressured or coerced into signing the document. They should understand that if they are proven to have made false statements that they are violating the law and committing perjury. They should also possess the legal ID required for the notary services, such as a state-issued driver's license or ID, U.S. Military ID, Resident alien ID, or U.S. passport.

    If you are signing an affidavit, make sure you read what you are attesting to in its entirety. If you can agree to all of the statements in the document, feel free to sign. You will have to sign in front of a notary public or similar authority to make the affidavit fully legal.

  • What is the notarization process for signing an Affidavit?

    Affidavits need to be notarized. Notary Publics are not difficult to find. Your bank or credit union may even offer free notary services. Having the document notarized is necessary, especially if it is to be used in court. When you bring this form to a Notary Public, they will:

    1. Check your ID to confirm that you are who you say you are.

    2. Administer an oath or affirmation.

    3. Verify that you appeared before the notary.

    4. Verify that they saw you sign the Affidavit.

    5. Note that you signed without duress.

    6. Verify that you swore or affirmed under penalty of perjury.

    You will sign the document in front of the notary public, who will then sign their name, attesting that you knew what you were signing and that they witnessed the signature.

  • Do I need a lawyer to make an Affidavit Letter?

    In most cases, no. Affidavits are simple to make. Our document builder can generate the letter for you easily after you submit a bit of information. It just needs to be signed and notarized to be valid. If stakes are high, you may benefit from having a lawyer review the statement that is to be signed. They may be able to suggest edits to the statement before it is signed that may help your case.

  • What are the most common types of affidavits?

    Affidavits can be used for many reasons, but they all share a common trait: the person signing is making a declaration, under oath, that what's in the affidavit is true to the best of their knowledge and belief. Here are some common types of affidavits and what they're used for.

    • Affidavit of Birth In the event you can't locate your birth certificate, this Affidavit can be used to verify some of the facts surrounding your birth. Typically, this Affidavit form will be completed by one of your blood relatives or the attending midwife or physician. This person will state their relationship to you, how they have knowledge of your birth circumstances, and attest to the relevant information (such as county and date of birth).
    • Affidavit of Name Change If you go by a name different than your birth name but haven't officially changed it through the court, use an Affidavit of Name Change. Typically, another person (most often your spouse or a blood relative) will sign this and swear that you use a name different from your what's on your birth certificate.
    • Affidavit of Support Most commonly used while sponsoring an immigrant to the United States, this Affidavit form simply states that the signer will be financially responsible for the incoming immigrant. The names and addresses of both parties are commonly included with the sponsor's signature.
    • Affidavit of Heirship In the event that someone dies without a Will, an Affidavit of Heirship can be used to help ensure that the deceased's heirs can gain control of their estate. Generally, this Affidavit will need to be witnessed by people who don't stand to benefit from the deceased's estate and it can be instrumental in avoiding the often costly and lengthy probate process.
    • Affidavit of Death This is a simple Affidavit usually handled by an estate administrator. It's used to notify creditors, the court and businesses that someone has died. This allows the executor or estate administrator to perform their duties.
    • Affidavit of Domicile This Affidavit is most commonly used by estate administrators and executors when transferring cash, stocks or investment assets of the deceased. Banks and accountants often need proof of the deceased's residence to release this property, while government agencies may use this Affidavit to levy certain taxes.
    • Affidavit of Residence This legal document simply states your place of residence and is often used shortly after you've moved but before you've submitted paperwork to the DMV or other government agency. You may need it to enroll your child in the local school or to swear to a court or business that you reside at a certain address.
    • Affidavit of Small Estate Small estates generally have an easier path through the probate process. You can use this Affidavit to inform the court that the estate in question qualifies as a "small estate," which is usually capped around $150,000. Note that residents of New Hampshire, Kentucky, and Georgia should not use this document.
    • ID Theft Affidavit In the unfortunate instance your identity is stolen, use an ID theft Affidavit to inform creditors, banks and other businesses. You'll note the day you became aware of the theft and swear that certain actions, like large purchases, were made by the thief, not you.

    These are just a few of the most commonly used Affidavits. For a more complete list, see our list of family and personal affidavits.

    Legal resources for an Affidavit: 22 CFR §§ 92.22 - 92.29

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