An affidavit is a written statement of facts that you swear to be true, which is often used in court as evidence to support a claim.
There are many types of affidavits used for different purposes, from verifying identity to outlining events in disputes. This guide explains everything you need to know about them, including how to write one, what it should include, and how to get it notarized.
What Is an Affidavit, and What Is It Used For?
An affidavit is a document that contains a written account of facts sworn under oath. The person making the declaration is called the affiant, and they must sign the document in the presence of an authorized official for it to be legally valid.
Here are some of its most important uses:
- An affidavit for courts can be used to support a motion when a witness is unable to appear in court. If the witness does appear and changes their testimony, an affidavit can serve as evidence to impeach them.
- Instead of a witness’s in-court testimony, this document can also be used to support an arrest warrant, present evidence to a grand jury, or in preliminary hearings and probable cause hearings.
- Outside of court, you may use it to verify certain financial information. For instance, in a divorce, you will sign a specific type of affidavit—a so-called financial affidavit—to confirm your assets, expenses, debts, etc.
- Additionally, this document can prove your residency when applying for a driver’s license or registering to vote. It is also required when filing for bankruptcy, inheriting a vehicle, and changing your name.
- Finally, there is also an Affidavit of Support, which confirms that you will provide financial support to another person, such as an immigrant seeking a visa. In this case, the affidavit represents a legally enforceable contract between you and the U.S. government.
4 Key Components of an Affidavit
Now that you understand the affidavit meaning, let’s examine its core components.
#1. Statement of Facts
The statement of facts is a part of the document where you confirm that everything in it is true to the best of your knowledge. It usually starts with, “I (solemnly) swear that…” and goes above the signature lines. Here is what it looks like on a legal affidavit example:
#2. Sworn Declaration
The sworn declaration is where you list all your claims as an affiant. This part of an affidavit follows the commencement, which identifies you as the affiant. Here, you need to provide your full name, address, age, and occupation if pertinent.
#3. Notarization and Signing
This is the final section of the affidavit, which includes signature lines for you and the notary. There are also fields for details like when and where the affidavit was signed.
#4. Parties Involved
In most cases, the parties involved in creating and signing an affidavit include the affiant and an authorized official, like a notary. Sometimes, there might also be a legal representative. The affidavit itself may mention the party that the affiant is addressing, such as a judge.
What Requirements Must an Affidavit Meet?
An affidavit must meet certain requirements to be legally valid, and here’s a breakdown of each:
#1. Signed by the Affiant
The affiant must sign the affidavit in front of an authorized official such as a notary public, court clerk, or government-appointed prosecutor. The act of signing confirms the affiant:
- Promises that the statement is made truthfully
- Acknowledges that they may be subject to penalties if the statement is untrue
You can be criminally prosecuted for perjury if you knowingly make false statements of material fact in an affidavit. This is typically classified as a felony and can result in significant punishments.
Paper affidavits must have wet signatures, while electronic ones can be signed electronically. Under the ESIGN Act, as long as the signer consents and proper records are kept, eSignatures are legally valid. However, in the affidavit’s signature block, there should be a line like, “Signed electronically by…”
#2. Made Voluntarily
The affiant must sign the affidavit voluntarily. If there is evidence that they were pressured, misled, or coerced into signing, the affidavit may be considered invalid in court. Furthermore, the affiant must be of sound mind and have the mental capacity to understand what they are signing and the seriousness of their oath.
#3. Be Sworn or Affirmed
The affidavit's statement must be sworn or affirmed under oath, which is typically done in front of a notary. The notary verifies the affiant’s identity using legal documents such as a passport, ID, or driver’s license. After that, they apply their official seal and signature to confirm that the oath was properly administered.
How to Write an Affidavit: 6 Easy Steps To Follow
To write an affidavit, you need to prioritize clarity and be specific but succinct. Here are the general steps to follow:
- Give the document a clear title (for example, “Affidavit of support”) and include any relevant details like the name of the court it pertains to.
- Provide your full name, address, age, and occupation if it is pertinent.
- Confirm that you are competent to make the statement and that the information that follows is true to the best of your knowledge.
- List your statement(s) of facts in numbered paragraphs. Each paragraph should contain only one fact and its relevant details.
- End by again swearing that the above information is correct. For instance, “I swear under penalty of perjury that the contents of this affidavit are true.”
- Sign and date the affidavit in front of an authorized official for affidavit notarization.
Use the first person and avoid vague language. Also, if you do not want to write an affidavit from scratch, you can look for a free affidavit PDF form online.
To edit an affidavit template saved as a PDF, it is best to use PDF.net. All you need to do is upload your affidavit by dragging and dropping it into the designated box. It will open in a browser with a full suite of tools, and you can:
- Rearrange pages within your PDF to ensure the content flows logically.
- Revise and modify the text to fix errors or update outdated information.
- Make it fillable by adding interactive form fields and allowing others to sign it electronically.
If your PDF will not open, double-check that it is not corrupted, and verify there are no issues with your internet connection or security settings.
How to Get an Affidavit Notarized
To get an affidavit notarized, you must have it verified officially by a notary. A notary is appointed by the state to certify the proper execution of documents; their signature and seal confirm that the affiant is who they claim to be, understands what they are signing, and signs voluntarily.
Generally, notarization is required in court cases because it adds legal weight to the document. You can get an affidavit notarized at banks, shipping centers, law offices, and courthouses.
A few banks that offer notary services include:
- Bank of America
- Capital One
- Chase Bank
- Citizens Bank
- PNC Bank
- Wells Fargo
Here are some shipping centers that offer notary services:
- Mailbox West
- FedEx
- PostNet
- UPS
Affidavit notarization is not always available, so contact your chosen location ahead of time to double-check.
There are also notarial services at U.S. embassies and consulates. You can schedule an appointment in advance, and there will be a $50 fee for each consular seal placed.
When notarizing an affidavit in person, you should:
- Bring a valid, government-issued photo ID
- Not sign anything beforehand
- Ensure all pages of the affidavit are present and properly arranged
- Confirm that the notary completes and stamps the notarial certificate correctly
- The notary seal should include the notary’s name, commissioning state, and notary number. There will also be a commission expiration date; ensure it has not passed.
If you want to have your document notarized remotely, you can look for remote online notary (RON) platforms. However, not all states authorize these, including Alabama, Georgia, Mississippi, South Carolina, and Vermont. Meanwhile, some states, such as Arkansas, Illinois, Michigan, and Pennsylvania, require the use of state-approved RON platforms.
With digital notarization, the signer usually sends the document to the notary in an electronic format like PDF. Their identity is screened, checked, and verified using secure tools such as credential analysis. Then, the notary and signer meet through a video call, where the document is signed and notarized in real time.
How PDF.net Makes Handling Your Affidavits Simple and Stress-Free
With PDF.net, preparing and managing affidavits is faster and easier.
You can create, edit, and fill out your affidavit online with peace of mind. If you have made separate pages, it is possible to merge them easily using our software.
Furthermore, our browser-based platform uses encrypted connections to keep your documents secure; you will not have to download software or register for an account, so the process is rather straightforward.
Final Thoughts
Now that you know what an affidavit is, what it includes, and how to write it and get it notarized, you can approach the process with clarity and confidence.
If you decide to notarize your affidavit remotely, remember to check if your state permits it and whether you need to use approved RON platforms.
Otherwise, there are plenty of in-person options available at banks, shipping centers, and U.S. embassies or consulates. Just make sure you use PDF.net first to create, edit, and securely manage your affidavit before having its validity confirmed.
What Is an Affidavit FAQs
#1. How to get an affidavit?
To get an affidavit, you should write a sworn statement that details facts you know to be true. Make sure you include the core components outlined above, and then sign the affidavit in front of a notary. If you don’t want to write one yourself, find an affidavit PDF template online and edit it using PDF.net.
#2. Can I write my own affidavit?
Yes, you can write your own affidavit. Remember to do so in the first person and keep your writing simple and succinct.
#3. How much does an affidavit cost?
How much an affidavit costs depends on whether you prepare it yourself and where you get it notarized. If you want to minimize fees, you can draft the affidavit on your own and look for free in-person notarization services. Some banks, like Bank of America and Chase, offer such services to their customers.