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Help Guides Affidavit of Domicile What You Need to Know About Using Affidavits

What You Need to Know About Using

Affidavits
An “affidavit” is a written statement that is considered made under oath. It is only valid when
made voluntarily and without coercion. When you sign an affidavit, you are asserting that the
information is true and that you have personal knowledge of the facts contained in the
affidavit. By signing, you are also stating that you are competent to testify if called into court
about the information provided in the affidavit. Being competent to testify generally means
that you are of sound mind and you are over the age of majority in your particular state
(usually 18).

Table of Contents

How Do I Create an Affidavit?

Why Would I Need an Affidavit?

The Importance of Being Truthful in an Affidavit

Notaries: How Is an Affidavit Formalized?

Types of Affidavits
Affidavit of Domicile
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Affidavit of Heirship

How Do I Create an Affidavit?

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Why Would I Need an Affidavit?

Affidavits can be used for many purposes. They are most often filed with the court to show
that specific information is true. In some cases, an attorney can use your affidavit so that you
do not have to appear in court or at another official legal proceeding. They can save
considerable time and money in a variety of legal events.

Affidavits are also automatically required in a number of judicial proceedings, particularly in

estate planning matters and family law issues. Without these affidavits, other legal
instruments may not be considered valid, or proving that they are valid would be much more
difficult.

Affidavits are useful beyond the courtroom as well. Banks, insurance companies, and other
entities may require an affidavit as part of their official functions.

The Importance of Being Truthful in an Affidavit

Saying something that is not true in an affidavit is technically a violation of the law and you
can be fined or even imprisoned for committing perjury. It is just like lying on the stand in a
court proceeding.

“Perjury” is a legal term that essentially means that you have lied under oath. Being truthful to
the court is vital, even when you are in communication via an affidavit instead of in person.
Many affidavits assert that they are signed under penalty of perjury, but this may not be a
required statement.

Notaries: How Is an Affidavit Formalized?

You must sign an affidavit for it to be effective. Usually, the signature must occur in the
presence of a notary. A notary is authorized by the state to verify your signature for many
types of formal or legal documents. Generally, a notary will check your driver’s license,
passport, or other ID information to confirm your identity before allowing you to sign the
document.

In some states, a notary will perform either an acknowledgment or a jurat. An

acknowledgment means that the person who purported to sign the document actually did
sign. In an acknowledgment, the signer is not stating that what the paper says is true, but he
or she is just affirming that it is their signature that appears on the record. The signer may not
need to sign the paper in front of the notary; they can sometimes personally appear in front
of the notary and declare that the signature is theirs.

In a jurat, on the other hand, the person who signs the document is affirming that what the
document says is true based on his or her personal knowledge. The notary must administer an
oath or affirmation to the individual signing the document before it is signed. The document
must be signed in the notary's presence.
 The notary
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it is up
to you to request the correct form.

BECOMING A NOTARY

Notaries must usually apply with the state to become certified, and they are required to

follow certain formalities to ensure that you are who you say you are when signing legal

documents, including affidavits.

Every state has its own application process to become a notary. In some states, the process is

as simple as filling out a form and paying a fee. In other states, such as California and New

York, testing may be required.

You can often find a notary for your affidavit at a local law office, bank, or post office. Some
notaries may charge a fee for their services, while other states specifically prohibit notaries
from charging fees. Notaries use a special stamp to signify that they are certified and their
certification has not expired.

Types of Affidavits

There are many different types of affidavits, and they vary significantly by their intended
purpose. Lawyers often use them in motions and other court filings to prove that certain
information is true. In those situations, the attorney will often design the affidavit to meet
their needs at the time. In other circumstances, the affidavit will follow a standard format.
Some of the most common standard affidavits are listed below.

Affidavit of Domicile

An affidavit of domicile may be necessary in the context of probating a will or when dealing
with certain types of trusts. This affidavit establishes the legal residence of the person who
passed based on where they were living at the time of their death. It will include the
individual’s prior address and for how long he or she lived there.

Usually, the executor or personal representative of the estate will present this type of
document to the court during the probate process. It helps the administration of the estate go
much smoother and allows for an easier transfer of assets. It is particularly relevant when it is
necessary to transfer stocks or securities.

Some insurance companies or banks may also require an affidavit of domicile before they will
release assets to a beneficiary or an heir. Having this type of information can also stop
potential will disputes before they occur.

Affidavit of Heirship
 An affidavit
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heirship may also be a necessary document in relation to an estate.Get
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affidavits are used most often when the individual who passed away did not have a valid last
will and testament or another estate planning tool in place. The affidavit essentially states that
you (or another person) are the legal heir of a deceased person.

Using an affidavit of heirship can be a way to get around having to go to court to probate a
will. Filing this document with the state Recorder's Office can be a valid way to pass real
property from the deceased to his or her heirs. It can also be an adequate means to transfer
personal property, such as vehicles.

An affidavit of heirship works best when there is only one legal heir. However, if the remaining
family agree that you should receive the personal or real property at issue, then using an
affidavit of heirship can be a helpful way to show that you should inherit the property. Keep in
mind, however, that it may not be valid if the entire family does not agree that you should
receive the property. Each state has slightly different requirements for executing this
document, and LegalNature will help walk you through the requirements to create a legally
valid file.

Affidavit of Marriage

There are situations where you may need an affidavit of marriage. This document declares
that you are legally married to another individual. Usually, a certificate of marriage would
perform the same function, but couples can use an affidavit of marriage if they are unable to
locate their marriage certificate. This affidavit may be necessary to apply for a foreign visa, for
insurance purposes, or to apply for certain financial accounts. The document may also be
helpful in states that recognize common law marriage; if you are common law married, then
you will not have a wedding certificate.

Both individuals must sign and attest that the marriage is valid and legally binding. The form
itself provides very simple information about the wedding, including the date that it occurred
and the state in which it occurred. Usually, you must sign the affidavit in the presence of a
witness and be sure that it is notarized properly, but the requirements vary slightly in each
state.

You can also apply to replace your marriage certificate in lieu of creating an affidavit of
marriage, but this process can be time-consuming and cumbersome. Most states will also
charge a fee to replace this document. If you need proof of your marriage quickly, using an
affidavit may be more effective.

Other Common Affidavits

You can develop an affidavit for virtually anything you need. Additional standard affidavits
include the following examples:
Small estate – In some states, executors or personal representatives may be required to attest that an
estate is smaller than a threshold amount so that it can be distributed under local laws for smaller
estates. It often results in a much faster and more efficient means to distribute property.
Name change – In some situations, it may be necessary to show that you changed your name after a
divorce or marriage. An affidavit of name change can be used in lieu of official court documents if they
are not available.
Financial affidavits – An affidavit that certifies your financial information may be necessary for some
family law matters, such as during a divorce or child support hearing. In the divorce context, this
 affidavit
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Affidavit to distribute property, assets, and debt obligations properly.
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Identity theft affidavit – If your identity has been stolen, you should take extra steps to notify the
credit bureaus and your creditors. As part of this notification process, you may need to swear under
oath that your identity was actually stolen and provide them with an identity theft affidavit.
Death – If you need to let financial institutions, the court, or an insurance company know that a loved
one has passed away, you may need to develop an affidavit of death. However, many companies will
specifically require you to provide a copy of the death certificate instead of an affidavit.
Service – Service of process businesses and attorneys will frequently use affidavits of service. These
documents state that a certain individual delivered documents to another person or company, usually
legal paperwork. The affidavit will explain who took the documents and the time and location of
delivery.
Debt – Creditors will sometimes use an affidavit of debt to lay out a specific amount that another
person owes him or her. They are commonly utilized in situations where a company is winding down or
when an individual is involved in a bankruptcy. However, if you have documents that lay out the debt
(such as a contract), then those might be more valuable than an affidavit. You should also keep in
mind that an affidavit of debt will not take the place of a contract.

What Is a General Affidavit?

General affidavits are any sworn statement of fact on any subject. They are unlike other types
of affidavits because they can be tailored to meet specific needs in any legal situation. Like
other affidavits, on the other hand, general affidavits are still signed under oath and in the
presence of a notary.

Even when an affidavit would technically fall into one of the categories above, it could still be
considered a general affidavit.

Creating an Affidavit

Although affidavits are considered legal documents, anyone can draft one. As long as it is
signed, witnessed, and notarized correctly, it will be valid. That means that you do not have to
use a lawyer to create an affidavit.

It is important to note, however, that certain affidavits should contain specific information so
that they fulfill their purpose and meet legal requirements. That is why using forms is a helpful
way to ensure that you have all of the information you need for a particular type of affidavit.

We provide a variety of affidavit forms that will help you develop the right affidavit for your
needs. We also point out the specific formalities that you must use to make the affidavit
legally valid. Our subject-specific forms include the information necessary for the particular
purpose for which the affidavit is commonly used. You can find them in our legal documents
section or using the specific links below.
General Affidavit
Affidavit of Domicile
Affidavit of Heirship
Affidavit of Marriage
Affidavit of Support

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