The definition of an affidavit is, “Affidavit is a sworn statement of fact written by deponent or an affiant under an oath taken by an office authorized by the law”. If you didn’t get what an affidavit is from the definition then do not worry as I’m about to explain it for you.
An affidavit is basically a written statement, which is taken under the oath, witnessed and signed by an authorized professional. The main purpose of an affidavit is to serve as an evidence in the court. Since it is a legal document which holds value in the eye of court, a person who used false documentation under an oath can potentially go to the jail. And whoever takes an oath is known as an Affiant lawfully.
What is an Affidavit Used For?
An affidavit is used for many reasons and mostly it revolves around you presenting the information in a court to be lawfully true. However, that’s not the only reason an affidavit is used for, it is also used in different legal proceedings, which basically means that your lawyer/attorney can use your affidavit document in the court, hence saving you from going to the court room.
Additionally, an affidavit is also required if you are looking to purchase real estate or in family matters as well. Life without affidavits would be much more harder because of proving the legality of each legal document or instrument.
What is Notary Affidavit?
An affidavit doesn’t automatically holds a legal value by just filling in all the necessary details, it has to be notarized (it basically means a signature) by a notary. Notarized means to verify that all the details you’ve filled in an affidavit is based on solid facts. On the other hand, a Notary is the person whose task is to verify all that information of your affidavit.
Without the signature, an affidavit is completely useless. You must get your affidavit signed by your affiant and the notary as well. And if you are confused about where to take the signature then there are signature blocks given on affidavits.
What is Affidavit By Witness?
There are certain conditions, where a person can’t provide the evidence and has to take information from a third-party source, for example friends or family members, then you will have to create another affidavit for that witness.
How To Create My Own Affidavit?
Well, I’m afraid that you can’t create your own affidavit documents. But you can alter the content of your affidavit to your liking. Make sure to get your affidavit notorized before presenting it in the court or else it won’t hold any legal value and will be considered as a total bogus.
Types of Affidavits
There are bunch of different affidavits necessary for different purposes. Right below this line, you will see a list of some common types of affidavits:
- Affidavit of Identity Theft: It is the type of affidavit that lets you challenge about unauthentic use of your information.
- Affidavit of Divorce: It is used when you wish to end your marriage legally.
- Affidavit of Service: Type of affidavit that lets you to authenticate that you have transferred specific documents or paperworks to another person.
- Financial Affidavit: This is used in scenarios like child support, property distribution or many other assets.
- Affidavit of Death: It is the type of affidavit that is used when a person dies. It is mostly used as an alternative to death certificate.
- Affidavit of Name Change: It lets you change your legal name. It is often used in case of a marriage or a divorce.
- Affidavit of Marriage: It lets you verify your marital status legally.
- Affidavit of Residence: It lets you authenticate your residential address and confirms that you do indeed live at that specific place.
- Affidavit of Small Estate: It is used in cases where a person died without writing the will. It is used to handle all the estate affairs of the deceased person.
So, that was everything you need to know about affidavits. If you learned something new from this post then please do not forget to share it with your friends, colleagues or family members. If you have any questions then please don’t hesitate to drop them in the comments.