Definition for: Affidavit

Affidavit

An affidavit is a sworn statement made by an individual in front of a notary or an officer of the court. The individual who makes the sworn statement is called an affiant. An affidavit is made outside the court and is used to declare that the facts sworn to are true to the best of their knowledge. The affidavits of the plaintiff/prosecution and defense witnesses are collected to prepare for the trial.

In addition to creating a written account of the events surrounding the case, an affidavit also helps the judges make better decisions. It also comes in handy for record-keeping purposes.

Affidavits are used in the following scenarios.

• Property disagreement
• Debt issues
• As receipt of confirmation for legal documents
• Divorce court
• As notification of changes in proceedings to a party
• Residency verification
• Verification for change of name
• Identity confirmation for a victim of identity theft

What is the purpose of an affidavit?

The main purpose of an affidavit is to validate a claim. Affidavits are often considered as legal documents that are used along with witness statements or related evidence in court cases. An affidavit can

• Produce important information that may change the case in favor of someone.
• Provide facts about an individual’s life (financial status, marital problems).

When an individual agrees to submit an affidavit, they must make sure the information they’re sharing is true. If the affidavit and a witness statement contradict each other, the individual who made the affidavit will be impeached. This is done in accordance with Federal Rule of Evidence 607. If the contradicting statement in the affidavit was made intentionally, the individual may face criminal charges as well.

Types of affidavits

Affidavits are of many types. The most common ones are listed below.

Affidavit of domicile

The affidavit of domicile is commonly used in estate matters. It is a document that is used to legally verify the place of residence of a deceased person. Establishing a deceased person’s place of residence is important in estate matters, as it determines which state’s laws the probate process will follow. In cases where the deceased person has more than one home, their domicile will be the one where they paid their taxes and voted.

In terms of estate matters, the affidavit of domicile is a vital document. The executor of the estate uses it to verify the deceased person’s domicile before transferring assets like stocks or securities. 

Information included in an affidavit of domicile:

1. Name and address of the executor of the estate/individual planning to take ownership of the assets
2. The deceased person’s name
3. Date of death
4. The relationship between the deceased person and the executor of the estate
5. The state, city, and county the deceased person was in at the time of death
6. The duration of the deceased person’s stay at the current address
7. Information about stocks and bonds (optional)

Affidavit of heirship

The affidavit of heirship is used when a deceased person hasn’t left behind a valid will. It holds information about the heirs of the deceased person or the individuals who are to inherit the deceased person’s properties. The court uses the affidavit of heirship to allocate the deceased person’s assets to their respective heirs.

The affidavit of heirship comes in handy when

• Individuals identify themselves as the deceased person’s heirs.
• Individuals want to take control of the deceased person’s estate without going through the probate process.
• The heirs have come to an agreement on the equal distribution of the assets.
• A third party verifies the rights of the heir(s) to the deceased person’s estate.

The affidavit of heirship contains the following information.

1. Details of the person filing the affidavit.
2. Details of the deceased person.
3. The marital details of the deceased person (includes information about the spouse and marriage termination (if any)).
4. Details of the deceased person’s children (includes biological and adopted children).
5. Details of the deceased person’s relatives (applicable when the deceased person doesn’t have living spouses, children, or grandchildren).
6. Details of the deceased person’s assets.
7. Details about the deceased person’s debts and liabilities (if any).

Affidavit of marriage

An affidavit of marriage is used when an individual doesn’t have their marriage certificate or to verify to a body, like a court or a university, that they are married. An affidavit of marriage is often used as an alternative to a government-issued marriage certificate.

The affidavit of marriage is also used in child custody cases, divorce proceedings, and name changing formalities.

The affidavit of marriage contains the following.

1. The title of the affidavit: Tells what the affidavit is about.
2. Statement of identity: Tells the name, age, and other personal information about all the parties involved.
3. Statement of truth: The sworn statement that the information mentioned in the affidavit is true.
4. Facts of the marriage: Includes all details about the marriage, including the state/city, date, and time the marriage took place. Also contains the names of the parties involved.
5. Signature: Both parties must sign the affidavit in front of a licensed witness or a notary.
6. Notary signature: The signature of the licensed witness or notary who oversaw the signing of the two parties.

Financial affidavit

Financial affidavits are often used in family law matters like divorce proceedings or child custody cases. It contains information about a person’s assets, income, and liabilities, if any. In family cases, financial affidavits help determine an individual’s ability to pay child support or alimony.