What is an affidavit? An affidavit is basically a legal document that is sworn in front of a public legal figure for it to become enforceable. These are submitted alongside witness statements.
We have a couple of Sample Affidavit Forms in PDF that you can easily download from this very article. We would like to give you a couple of information as well about general affidavits. You can find that information by scrolling down!
Affidavit for Verification of Address
Credible Witness Affidavit Form
What Are the Basic Components of an Affidavit?
An affidavit has the following components:
- The name of the affiant
- The facts surrounding the affidavit
- Author signature
- Witness signature
- Date oath was taken
- Attestation clause
- Statement of truth
You can find out more about affidavit format by checking out Affidavit Samples.
Other Names of an Affidavit
- Affidavit Form
- Affidavit Letter
- Sworn Affidavit Form
- Sworn Statement
- Notarized Statement
- Statement Under Oath
- Sworn Oath Form
- Sworn Oath Statements
When Do You Need an Affidavit?
“The truth shall set you free,” they say. Sometimes though, the truth needs to be in writing in order for it to become more credible and in order to be able to make use of it in a legal manner. A general affidavit will make you do just that. This is submitted and filed in the presence of a legally authorized body in order for you to be able to finalize it. You may also see affidavit of support samples.
Being asked to come up with an affidavit does not necessarily mean that you are not being trusted. Instead, it is used to ensure that the whole truth is secured and nothing but the whole truth.
There are a couple of circumstances where an affidavit might be needed. Some of those circumstances can be any of the following:
- When there is a need to attest that you or a third party has delivered the documents needed as is.
- There is a need for you to verify residency or there is a need for you to verify your residential address.
- When there is a need for your to prove and swear that you are who you are and your personal information and identity has been compromised. You may also like sample sworn affidavit forms.
- There is a need to notify a third party about the death of an individual.
- You need to assert that the property you inherited is indeed your.
- When there is a need for you to assert that you are the rightful owner of a certain property.
- You need to assert that the simple statements you will use in court are accurate and can be used as evidence in court.
- You want to confirm that there is a need for you to change your name for legal reasons or otherwise.
- You want to state that your assets, debts, and other financial aspects are recorded accurately.
Marriage Witness Affidavit Sample
Family Law Financial Affidavit
Notary Public Affidavit Form
Notary Affidavit for Correction
Example Sworn Affidavit Form
General Affidavit of Fact
Gift Tax Affidavit Form
Same Name Affidavit
How to Write a General Affidavit?
When it comes to writing an affidavit, you want to make sure that you get everything accurately or else it will not be considered as a valid document. To know how to make one, we have a couple of guidelines that you can easily follow.
1. Start with the Basics
- Include a caption. If you are writing an affidavit for a court case, you want to make sure that you include a caption in order to make sure that it will be easy for the court to identify the case number and the parties involved with the affidavit. Proper formatting of the affidavit can help to make sure that it can be easily understood by legal bodies. To come up with a caption, follow these steps:
- Start with the location of the court. It should be centered and can also be in a different font size.
- Name the defendants and the plaintiffs.
- Include the case number. You may also see sample sworn statements.
- Include a title. Right after the caption, you can write the title “Affidavit” below it. Make sure that it is the specific title.
- Include the state and county. Typically this would be aligned to the left side of the page. State first followed by the county.
- Determine the affiant. The affiant is basically the person who is swearing to the affidavit. The commencement is typically worded in the following manner:
- “Comes now [AFFIANT’S COMPLETE NAME] and states as follows:”; or
- “Comes now [AFFIANT’S COMPLETE NAME], being first duly sworn, under oath, and states as follows:”
- Personal information. Other information of the affiant that can be included in the affidavit are as follows:
- The complete address
- The age or birth date
- The occupation
- The immigration status
- Relationship between the affiant and the litigant
You may also like affidavit of loss samples & templates.
2. The Affidavit Statement
- Make use of a numbered list. List down the facts in a list. This makes it easier to read instead of writing it all down in a paragraph. Number each paragraph to help the reader know how many facts you are stating. Here are more tips:
- Make use of first-person perspective.
- State each fact in a separate paragraph.
- Briefly discuss and describe each fact. Provide all the necessary details such as names, addresses, etc.
- Use supporting documents to state the facts. You may also see sample affidavit of support letters.
- Include a statement of truth. The statement of truth will help to establish that the affidavit is an accurate representation of the whole truth that the affiant swears to. This helps to assure anyone reading the affidavit is reading all the facts that they need to know about the case.
- Include the oath. Write down the oath that the affiant took in the affidavit as well for documentation. If the affiant lies under oath, he/she may be in big trouble.
- Provide a signature block for the affiant. In the signature block, the affiant will type his/her name and affix his/her signature above it. The affidavit should be completed in the presence of a notary lawyer.
- Provide a signature block for the notary or court clerk. The notary, court clerk, or other authorized body should type his/her name on the space provided and affix his/her signature above it.
You can take a look at our Sample Blank Affidavit Forms if you want to check out more simple examples of affidavit forms.
Name Change Affidavit
Court Counter Affidavit Form
Personal Property Tax Affidavit
Personal Service Affidavit Form
Small Estate Affidavit
Proof of Residency Affidavit
Blank Name Affidavit
Divorce Financial Affidavit
Financial Disclosure Affidavit
Affidavit of Motor Vehicle Gift Transfer
Types of Affidavit
There are many reasons why one may need to come up with an affidavit. However, there are a couple of common aspects to any type of affidavit: there is an affiant, a statement declaring that what is stated in the affidavit is true, and the oath taken by the affiant will be stated in the document.
There are many types of affidavits out there. Here are a couple of common types of affidavits used out there.
1. ID Theft Affidavit.
This type of affidavit is used when your identity has been stolen by a certain individual. This is given to your banks, creditors, as well as other businesses in order to give them about the incident. In this affidavit, you will usually give the date when you started noticing discrepancies in your financial accounts. You may also see claim form examples.
2. Affidavit of Birth.
There are instances wherein you might find yourself in a position of being the person who cannot locate his/her birth records. In the event that there is a need for you to verify facts about your birth, you make use of an affidavit of birth. This will typically be completed by either any one of your parents, your siblings, any blood relative, attending doctors or midwife that was present during your birth. This affidavit will ask your blood relative to provide information surrounding your birth such how they are related to you, how they came to know about of your birth, and specific details about your birth. You may also like release of interest form.
3. Affidavit of Small Estate.
When you claim that your property is considered to be a “small estate,” an affidavit of small estate is usually used to inform the court. A property is considered to be small if it’s value is around $150,000. Make sure to check with your state if this simple contract can be used or otherwise.
4. Affidavit of Name Change.
Misspelled names in birth certificates are not uncommon. You might also be the type of person who may want to change your name just for the heck of it. If you have yet to officially change your name through the court, you may want to make use of an affidavit of name change. You may want to check out our Sample Name Change Forms for more information about name changing processes.
5. Affidavit of Financial Support.
When you want to sponsor an immigrant to the USA, this means that you will be financially responsible for the person who will migrate. Names and addresses will be included in the affidavit. More information about affidavit support forms at Sample Affidavit of Support Forms.
4. Affidavit of Residence.
This document is a legal means of stating that you are a resident of the state you are currently in. This is typically filed after you moved out of your previous place. You can send this to the school where your children goes to, parking permits, or when you get questions about your residency.
5. Affidavit of Heirship.
Last will and testaments are common especially when someone wants to make sure that their assets go to the right heir. Affidavit of heirship is used in order to ensure that the heir gains control from the property he/she has gotten. This affidavit is witnessed by people who will not benefit from the deceased’s property.
6. Affidavit of Death.
An affidavit of death is used to inform the creditors of the deceased or the businesses related to the deceased. This is handled by the estate administrator and is a straightforward legal document. A death certificate is usually provided alongside the affidavit.
7. Affidavit of Domicile.
Estate administrators use this document in order to allow the transfer of cash, stocks, and assets of someone who is deceased. A proof of residence is submitted alongside this affidavit in order to allow the release of the property. Government agencies use this affidavit in order to collect a specific amount of tax.
Lost something? You may want to check out our Affidavit of Loss Samples & Templates for more information.
Always remember that legal promises need not be made in court rooms only. Sometimes, they are made outside the court rooms. In cases where an affidavit is used, it can be filed anywhere a notary public is available. Sometimes you will be asked to write one for contract-based purposes. Maybe you are asked one because you are involved in a case or a legal process. You are lucky as coming up with one does not need a ton of time especially if you have sample affidavits that can help you out in a snap! Saying the truth is good, but writing it down and signing what you wrote is also a different story. You may also see sample service forms.
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