An affidavit is a written statement of facts that you swear or affirm is true, usually in front of a notary. It can be used in court cases, to prove identity or residency, and in many official processes.
Where affidavits are used
- Court cases, to support a motion or provide testimony in writing.
- Proving residency, identity, name change or relationship.
- Property and estate matters, such as transferring a small estate.
- Lost or stolen documents, such as a title or stock certificate.
What it must include
- The name and details of the person making the statement, called the affiant.
- Numbered paragraphs stating facts that come from personal knowledge.
- A statement that the contents are true under penalty of perjury or under oath.
- The affiant's signature, signed in front of a notary or other authorized official.
- The notary's certificate, stamp and date.
Important cautions
A false statement in an affidavit can be a crime, so stick to facts you know and can support. Do not guess or offer opinions as facts. If a court or agency requires a particular form, use that form.
Affidavit vs. declaration
Many courts accept a declaration signed under penalty of perjury without a notary. Check what the receiving court or agency accepts before you sign.
Frequently asked questions
Do I need a lawyer to write an affidavit?
Not always, but a lawyer helps when the affidavit will be used in a court case.
Does an affidavit have to be notarized?
Usually yes, unless the recipient accepts an unsworn declaration.