What Is an Affidavit?
An Affidavit is a written statement of facts that is sworn on oath. The individual who swears that the information written in the Affidavit is true is called an affiant or deponent and must sign this document before a notary public. The notary public is the person authorized by the state to verify that the person who claims to have signed the document is the same who signed it.
What Documents Are Required for Affidavit?
When signing an affidavit, you need to have your passport, driver’s license, or any document that may serve as proof of identity, so that the affidavit can be notarized.
Although public notaries are allowed to act in any state where they are commissioned, laws governing notarial acts, as well as regulations on Affidavits, vary by state. In order to ensure that your Affidavit complies with the rules of the appropriate jurisdiction, you can select the state where the document will be signed from the list below or scroll down to download a situation-specific Affidavit form.
What Are the Different Types of Affidavits?
There are many different types of Affidavits, which vary based on their intended purpose. Some of the most common types are listed below.
- Affidavit of Correction. This form is a formal statement of fact that can be used in many different circumstances where you need to make changes to any previously-given information.
- Affidavit of Small Estate. These are most commonly used when a close relative dies and leaves behind a small estate. This document allows the property to be transferred to the heirs without the need for a probate process.
- Affidavit of Residency. This Affidavit is used to verify the address of a person, and it is generally used to prove you live or lived at a certain residence for tax or business reasons.
- Affidavit of Marriage. Acts as evidence of your marriage in cases when you cannot locate your official marriage certificate.
- Affidavit of Name. These are used when a person or entity needs proof that you have legally changed your name. Usually, the document will include your old name, your new one, and the state where the change originated.
- Financial Affidavit. Generally used in divorce proceedings to verify the financial status of the signers, who must state facts such as their yearly income and savings.
- Affidavit of Death. Usually handled by an estate administrator, its purpose is to notify a court, business, or creditors that someone has died.
- Affidavit of Support. This document is regularly used in the immigration process and it is signed by a sponsor, who will be financially responsible for the immigrant coming into the United States.
- Affidavit Of Service. These are used to attest to the delivery of specified papers to a person, organization, or business as requested by a party to a lawsuit.
- Affidavit Of Survivorship. Overlooks the transfer of the ownership of the jointly-owned property from the deceased owner of that property to its surviving owner.
- Self-proving Affidavit. This form is added to the last will to acknowledge that the will was created and signed under the free will of the Testator.
How to Write an Affidavit?
Certain legal requirements must be met for the Affidavit to be valid. When lawyers use Affidavits in motions and court filings, they may design this document to meet their specific needs at the time. In other circumstances, you may draft your own document by using Affidavit forms that contain specific information to fulfill the intended purpose. The Affidavit, which may be written in the first or third person, must state only relevant facts in a concise and organized way. Furthermore, the document must assert that everything in it is true.
The deponent who signs the sworn statement must be a competent person (which in most cases means they must be of legal age and of sound mind). In addition, they must sign the Affidavit voluntarily and without coercion and must have firsthand knowledge of the information they are attesting to. An authorized person, who could be a notary public, a lawyer, or Justice of the Peace, must be present when the document is signed.
The foot of the last page of the document, known as the "jurat", must include the following details:
- The full name and signature of the deponent;
- Information on whether the Affidavit is sworn or affirmed;
- The date and place where the deponent signs the Affidavit;
- The full name and profession of the authorized person, as well as their signature.
Moreover, if any alteration, correction, addition, or amendment is made to the Affidavit, both the deponent and the authorized witness must initial each alteration to confirm they are valid.
This is a form to be filled by all Texas Commercial Driving License (CDL) holders to comply with regulations that took place on January 30, 2012, with full compliance due by January 30, 2014.
Use this form if you do not possess your original birth certificate or documentation that confirms naturalization, have no access to your birth records for any reason, or the birth records are insufficient, but you have to apply for a U.S. passport.
This is a document issued by the U.S. Department of State for individuals who are applying for a U.S. passport and who are unable to establish their identity to the satisfaction of a person authorized to accept passport applications.
Form MVU-26 "Affidavit in Support of a Claim for Exemption From Sales or Use Tax for a Motor Vehicle Transferred Within a Family" - Massachusetts
This is a specific Motor Vehicle Sales and Use (MVU) Tax Form, upon which a new owner of a vehicle may get a tax exemption from a sales or use tax, if they received an automobile from a prior owner who is a family member.
Form MVU-24 "Affidavit in Support of a Claim for Exemption From Sales or Use Tax for a Motor Vehicle Transferred as a Gift" - Massachusetts
This is a Motor Vehicle Sales and Use (MVU) Tax Form, which is used in Massachusetts when a donee needs to verify they are exempt from paying tax on a received vehicle as a gift from a non-family member.
Form MVU-29 "Affidavit in Support of a Claim for Exemption From Sales or Use Tax for a Motor Vehicle Purchased Outside of Massachusetts" - Massachusetts
This is a one-page form to request exemption of the Massachusetts state sales and use tax for motor vehicles that are purchased outside of Massachusetts.
Fill in this legal document which serves as an agreement between the U.S. government and the sponsor of an immigrant. It confirms the latter's income status that allows them to financially support the immigrant indicated in the form.
The purpose of the form is to provide Family Child Care providers with signed confirmation from the parents or guardians of a child on the subject of liability insurance in the facility.
This form is a Florida legal document completed for the estates of decedents who died on or after January 1, 2005, if the estate does not require the filing of a federal estate tax return.
This form is used as a supplementary document filled out by a seller and a salvage dealer to fully describe the bought component parts of the vehicle in the state of Texas.