Introduction
Sometimes telling the truth
isn't enough—you need to swear to it, in writing. An Affidavit is the legal way
to swear that your statements are fact. You'll sign an Affidavit document in
front of a notary public to finalize it. If you've been asked for an Affidavit,
you're being trusted to tell the whole truth—and nothing but.
·
You have been
asked to make a declaration or statement of fact under oath as part of a
contract or legal process.
·
You want to ask
someone else to make a declaration or statement of fact under oath.
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
Affidavit basics:
Legal promises aren't just
made in court rooms. An Affidavit can be signed anywhere there's a notary
public. You might be asked to sign one as part of a contract. Or maybe you're
involved in a legal process. Luckily, this doesn't take long — and you can go
to any notary public you choose. After all, it's one thing to say something's
true. It's another to swear it and sign to it. Or maybe you need someone to
sign a formal sworn statement for you. You can't be too careful. We'll make it
quick and easy to get the facts on paper, signed and dated, so you can move
forward.
Common types of
Affidavits:
Affidavits can be used for
many different reasons, but they all share a common trait: the person singing
is making a declaration, under oath, that what’s in the affidavit is true. Here
are some of the more common types of affidavit 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 attendant midwife or
physician. This person will state their relationship to you, how they have
knowledge of your birth circumstances, and attest to the pertinent 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 gotten around to officially
changing 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 Financial 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 sponsoring party’s signature.
·
Affidavit
of Heirship: In the event
that someone passes away without a will, an Affidavit of Heirship can be used
to insure that the deceased’s heirs and next of kin gain control of his or her
property. 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
fairly straightforward affidavit, usually handled by an estate administrator.
It’s used to notify creditors, the court, and businesses that someone has
passed away. This allows the executor or estate administrator to do his or her
duty in regards to the deceased’s estate.
·
Affidavit
of Domicile: This affidavit
is most commonly used by estate administrators and will 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 allows to state your place of residence and is often used right
after you’ve moved but haven’t submitted the paperwork to the DMV or other
government agencies. You may need it to send your child to a school in your new
area, get a parking permit for a busy part of your city, or sometimes, swear to
a court or business you actually reside at a certain address. In other words,
when you need to prove where you live, use an Affidavit of Residence.
·
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 actually 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, you can head to our
list of family
and personal affidavits. And if you
can’t find exactly the affidavit you need, in most cases, a general affidavit
form can be used. Just make sure to consult with a lawyer.
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