Affidavit Form Templates

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 they must sign this document before a notary public. Lying in an affidavit, as in any unlawful oath, is considered perjury. 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.

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"Affidavit of Annual Financial Support Form"

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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.

1. 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.

2. 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.

3. 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.

4. Affidavit of Marriage

Acts as evidence of your marriage in cases when you cannot locate your official marriage certificate.

5. 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.

6. 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.

7. Affidavit of Death

Usually handled by an estate administrator, its purpose is to notify a court, business, or creditors that someone has died.

8. 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.

9. Affidavit Of Service

to attest to the delivery of specified papers to a person, organization, or business as requested by a party to a lawsuit.

10. 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. 

11. Self-proving Affidavit

A form added to the last will to acknowledge that the will was created and signed under the free will of the Testator.

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.

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"Small Claims Affidavit Template"

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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.

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"Same Name Affidavit Form"

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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, whether the affidavit is sworn or affirmed, the date and place where the deponent signs the affidavit, and 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.