A Guide To Affidavits

An affidavit is a statement or testimony that attests to the truthfulness and accuracy of a stated fact, whereby you are legally committed to tell the truth. It is mainly used in legal proceedings and in a court of law. There are many types of affidavits but usually, a standard legal affidavit is used together with witness statements to verify particular information in court proceedings.

What is an Affidavit used for?

An affidavit is used to prove that a claim is true in court. With it, an individual takes an oath that the information they provide is true according to what he or she knows. It has to be based on personal knowledge because second-hand information is not legally permissible for an affidavit.

Affidavits are used in different situations as listed here:

  • Purchasing real estate or land
  • Being summoned to court due to a lawsuit
  • Verifying finances
  • Distributing property in a last will and testament
  • Proving relationship to a deceased person

Types of Affidavits and What They Mean

Here are ten common types of affidavits:

  • Small Estate Affidavit

This is a common document in the probate process. It helps to expedite the process of property distribution of the deceased individual. When the deceased’s estate falls under a particular value, this affidavit can allow for a quick transfer of property to the beneficiaries.

  • Affidavit of Heirship

This verifies that an individual had familial ties to the deceased person during the probate process. It helps to speed up distribution of property.

  • Affidavit of Residence

This proves that you lived at the stated address. It is used to enroll children in public schools or for in-state tuition rates for college.

  • Affidavit of Service

This is used by process servers to verify that the recipient has received the necessary documents such as an official summons.

  • Affidavit of domicile

This is used to attest that the deceased person has really lived at the primary residence as they have stated. It is needed for transfer of properties like stocks.

  • Financial Affidavit

This is used to prove the finances of an individual. It consists of information about the person’s finances such as total income, expenses and debts.

  • Affidavit of Death

This is used to verify a deceased individual’s date of death and personal information so that any remaining financial or legal affairs can be handled efficiently.

  • Affidavit of Title

This is used for real estate transactions, to prove that the seller owns the stated property and is not undergoing bankruptcy.

  • Affidavit of Identity

This is used to verify your identity, which is who you claim to be.

  • Gift Affidavit

This verifies that you have willingly and voluntarily transferred the ownership of property to someone else as a gift.

The Purpose of An Affidavit

There are many purposes of having an affidavit. Having a properly drawn up affidavit is an essential part of many legal processes. It is important to know what it is before you agree to sign one.

If you would like more information about affidavits, do not hesitate to contact us today.