You can construct an affidavit on your own. However, you must have it notarized to solidify the truth it contains. A free affidavit form will help you build a valid affidavit for whatever your needs may be.
Before explaining the different sections that a legal affidavit must include for validity, let’s look at what an affidavit is and the various purposes the affidavit can be used for in legal and nonlegal proceedings.
What is an Affidavit?
An affidavit is a written statement that is notarized. Notarizing an affidavit is a declaration that you are swearing under oath that the facts and documents you portray in the affidavit are true. Affidavits can be used for various purposes and customized to fit a specific legal requirement.
The Purposes and Uses of Affidavits
Witness Statements
Affidavits are used as a form of testimony in court hearings if the person, who made the affidavit, cannot appear in court to testify. They have as much bearing on the proceedings as if the person were testifying themselves.
Personal Affairs
An affidavit can become helpful in personal affairs if you are trying to prove a name change, birth information, or residency. For example, let’s say you use a name different from your birth certificate, but you did not have it changed legally. In this case, the affidavit must be signed by a blood relative or a spouse to prove that information is correct.
Affidavits prove birth information when a birth certificate has been lost. These documents are signed by a blood relative or doctor who can provide information about the date and location of your birth.
If you’ve moved recently, haven’t gotten the address changed on your driver’s license, and haven’t received bills to the new address yet, you can draw up an affidavit proving your new residency. An affidavit could help enroll your children in school or provide your new address to businesses or banks.
Family Law Matters
In family law matters of divorce or child custody cases, financial assets and debts must be assessed and allocated between the parties involved. An affidavit that swears under oath the true nature of the financial status of each person involved helps facilitate this process.
Real Estate
In real estate matters, an affidavit is used when the seller has to provide facts about the property. For example, the seller swears under oath that there is a clear title in connection to the property that the buyer is interested in purchasing. A clear title affidavit declares facts about the title’s ownership and whether any legal issues are attached to it. In addition, the affidavit helps the buyer and buyer’s lender know they won’t be liable for any pending legal matters connected to the property.
Estate Planning
If a family member has passed, leaving no will, the heirs may have to draft an affidavit proving their connection to the decedent. Because there is no will, the estate reverts to intestacy laws that define the order in which each family member is a beneficiary of the estate. The intestate succession is as follows:
- Surviving spouse and children
- Parents and siblings
- Aunts, uncles, nieces, nephews, and cousins
Once an affidavit proves that any heirs fall under those categories, the courts can allocate the estate according to the beneficiary hierarchy.
What Makes an Affidavit Valid?
Different sections make up an affidavit. If one of these sections is missing, the affidavit could be invalid. So when constructing an affidavit, be sure to include the following:
- The county and state in which the affidavit is applicable
- The name and address of the person who is making the affidavit under oath
- A statement indicating the affidavit was not influenced or coerced
- The purpose of the affidavit
- The sworn statement of the truth of the facts or an attached document
- The signature of the person who is attesting under oath
- Notary information and date of signing when taking the affidavit under oath
A notary public is not the only person that can administer an oath. For example, an attorney or public officials can sign and date the affidavit as a notary public would.
The sworn statement of the truth of the facts must be based on direct observation or experience. It should never be based on what you think to be accurate or speculation. In addition, sworn, written statements submitted to courts or government agencies can be subjected to perjury laws. Be aware that once the oath is taken and it is found that the facts you swore were actual are not, this could result in a perjury charge and come with hefty penalties.