Affidavit Form Template

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All states | 16 types
Updated Jun 17, 2026
~ 2 pages
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An Affidavit is a sworn written statement between a declarant and an authorized officer, such as a notary public, confirming facts under oath. It is used by individuals in legal, financial, or personal matters to provide verified statements of truth.
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Written by Karyna Pukaniuk - Reviewed by Jonathan McGill, JD

Template Types

Small Estate Affidavit
This affidavit is used to bypass probate when distributing the decedent's small property.
Form 14039
This form is used to report and address tax-related identity theft.
Certificate of Trust
This form confirms a trust's existence and details its critical elements.
Affidavit of Marriage
This affidavit ensures the legal verification of a marital relationship.
Form I-864
This form proves that a sponsor has sufficient financial means to support an immigrant.
Affidavit of Survivorship
This legal form helps the surviving owner of jointly owned property claim survivorship.
Affidavit of Domicile
This document proves a person's legal place of residence for tax and inheritance issues.
Affidavit of Ownership
This document attests to the ownership of tangible and intangible assets.
Affidavit of Service
This affidavit confirms a notice has been served during a court proceeding.
Affidavit of Identity
This document verifies the identity of an individual in various legal matters.
Affidavit of Gift
This affidavit records the transfer of ownership of an item from a donor to the recipient.
Affidavit of Residency
This affidavit verifies the home address of the live person or the decedent.
Affidavit of Heirship
This affidavit identifies rightful heirs and ensures an orderly distribution of assets.
Affidavit of Death
This document is used to declare an individual's end officially for various processes.
Affidavit of Birth
This document is used to provide verified facts regarding the birth of an individual.

What Is an Affidavit Form?

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An affidavit is a written statement of fact confirmed by an oath or affirmation. An affidavit is used as testimony in court and other legal proceedings. It serves as a sworn statement, where the person who signs affirms that the included information is true. 

The person making the statement, known as the affiant, must swear that the contents are something they know to be true, based on personal knowledge or belief. To lie on an affidavit is to commit perjury, a serious criminal offense that can result in a criminal charge.

When Is an Affidavit Template Used?

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An affidavit is used when you need to verify specific details or facts, give a statement, or make an official statement. You can rely on affidavit forms in the following:

  • Legal proceedings. You need an affidavit if you intend to present evidence in court or during legal events, in case you cannot physically appear in court. 

  • Real estate and property data clarification. Use it when you have to verify property ownership, support mortgage applications, or document lost deeds.

  • Probate. Affidavits are used during probate to deal with the estate of a person who died. 

  • Immigration and visas. This document is necessary if you confirm family relations, financial support, or an individual’s identity.

  • Inheritance and estate. Use a letter of affidavit if you need to prove the validity of a will or claim assets from an estate.

  • Name or identity changes. If you change your identity or name, use this document to formally document this or confirm your identity. 

Parties to the Affidavit Letter

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An affidavit has several obligatory and additional parties.

Obligatory parties

  • Affiant. The person who swears to or affirms the truth of the facts stated in the document.

  • Notary public. A neutral public official who verifies identities, administers oaths, witnesses signatures, and authenticates documents. This person should NOT have any financial interest in your matter.

Additional parties

  • Co-affiant. An additional person who also has firsthand knowledge of the facts and joins in swearing to the statement.

  • Parent/guardian. A representative who makes the affidavit on behalf of a minor when the facts concern that minor.

  • Credible witness. A third party who can vouch for the affiant’s identity if the affiant lacks a valid photo ID.

What Are the Key Elements of an Affidavit?

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For your affidavit to be valid, it must include several key components. Once you know what they are, putting the document together becomes much easier.

  • Caption: If the affidavit is for a court case, this section includes the court name, district, state, county, and the names of the plaintiff and defendant.

  • Venue: This states the location (State and County) where the affidavit is signed and notarized.

  • Affiant Identification: A statement identifying the affiant (the person who signs), confirming they are of sound mind and are making the statement. The affiant must be at least 18 years old in most jurisdictions.

  • Statement of Facts: This is the core of the affidavit. It should be a numbered list of facts, written clearly and concisely.

  • The Oath & Jurat: The jurat is the clause at the end where the notary public certifies that the document was sworn to and signed in their presence (e.g., "Sworn to and subscribed before me..."). This part often functions as a certificate of authenticity.

  • Signature Blocks: Sections for the affiant’s signature, plus the notary public’s signature and seal.

In family law cases, affidavits are often required to present evidence about children, estate matters, or financial support.

How To Write an Affidavit

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Start by going through each step carefully. This will help you prepare your affidavit the right way.

  • Step 1: State the facts clearly
    Write your statement in the first person ("I, [Your Name]..."). Present events chronologically and stick to the facts you personally know. Avoid opinions or speculation.
  • Step 2: Structure your statement
    Use the anatomy above as your guide. Start with the caption (if needed) and venue. Then, list each fact in a separate numbered paragraph.
  • Step 3: Attach supporting documents (exhibits)
    If you reference another person or a document like a contract, license, or receipt, you can attach it as an "Exhibit." Refer to it in your statement (e.g., "A copy of the rental agreement is attached as Exhibit A.").
  • Step 4: Find a notary public (do not sign yet)
    The most critical requirement is that the affidavit needs to be notarized. You must sign the document in front of a notary public. Do not sign it beforehand.
  • Step 5: Sign and swear under oath
    In the notary's presence, you will be asked to swear an oath that the information is true. After taking the oath, you will sign the affidavit. The notary public will then complete their section.
  • Step 6 (Recommended): Seek legal counsel
    Especially for complex court matters, it's wise to have an attorney review your affidavit before you sign to ensure it meets all legal requirements and effectively supports your case. An attorney can also recommend whether an affidavit or an alternative sworn declaration is the best choice for your situation.

Legal Requirements to Notarize a Letter of Affidavit

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Notarization is critical to make a drafted affidavit form official. To be legally recognized, the statement must be signed in front of a notary public and properly notarized. Without this official authentication, courts generally will not treat the document as a valid affidavit. Some courts allow unsworn declarations under penalty of perjury as a substitute in certain situations. These can be valid filings, but they’re not affidavits.

During this process, the notary public will verify your identity, administer the oath or affirmation, watch you sign the document, and complete the jurat (the notary’s certificate) with the date, venue, their signature, stamp or seal, and commission details. Be sure to bring a valid government-issued photo ID to your appointment. 

Remote or Abroad
  • Many states permit remote online notarization (RON), making it possible to complete the process over the internet.
  • If you’re outside the U.S., you can usually notarize at a U.S. embassy/consulate or use a local notary with the proper apostille/legalization to serve in your case.

Statutory References for Affidavit Form

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