Which type of affidavit is right for you?

Discover the wide world of affidavits and their many uses in and out of the courtroom. From estate planning to family law, affidavits are a versatile tool for many business and legal proceedings.    

A person sitting in their office working on an affidavit on their laptop

Understanding different kinds of affidavits.

 

Even if you know what an affidavit is — a written sworn statement that the person signing the document, known as the affiant, swears to be true under penalty of perjury — knowing when you need one and which kind to use is a different matter.

 

Affidavits play a key role in many court proceedings. But these legal documents are also frequently used in estate planning, business, family law, and civic affairs.

Example of an estate planning affidavit in Adobe Sign

Estate planning affidavits.

 

Affidavits have a variety of applications when determining who will inherit the assets of a deceased person, known as the decedent.

 

 

Affidavit of death

 

A sworn statement by someone with knowledge of the decedent’s passing which legally declares that they are dead. This is often accompanied by a copy of the decedent’s death certificate.

 

 

Small estate affidavit

 

If the decedent left no will, the disbursement of their estate is determined through a court process called probate. For estates that are worth less than a certain dollar amount, a relative or heir can avoid the probate process by filing a small estate affidavit to claim the decedent’s assets.

 

 

Affidavit of heirship

 

Often filed during probate, an affidavit of heirship is when the affiant gives information about the decedent’s family members in order to help determine who should inherit the estate.

 

 

Affidavit of domicile

 

This affidavit verifies where the decedent was living at the time of their death in order to determine which state’s probate rules to follow. This is often necessary if the decedent owned stocks and securities.

A person sitting in an office reviewing an affidavit on their monitor

Business affidavits.

 

Both small and large businesses make use of affidavits to verify certain transactions and uphold legal requirements.

 

 

Business records affidavit

 

When business records are subpoenaed, the business must also provide a business records affidavit swearing that the records are authentic and have not been manipulated or altered in any way.

 

 

Affidavit of service

 

If your business is in a legal dispute, the opposing party must notify you whenever they file a document with the court. An affidavit of service from the opposing party, usually delivered by a process server, verifies that your business has been provided with these documents.

 

 

Affidavit of identity theft

 

If fraudsters are using you or your business’s credit card number to make financial transactions, you can sign an affidavit of identity theft so your bank or credit card company will refund the charges.

Two people sitting on a couch reviewing an affidavit together

Family court affidavits.

 

During divorce, separation, guardianship, and other family law proceedings, affidavits help the court to determine who receives custody of the couple’s children or other dependents.

 

 

Affidavit of residence

 

An affidavit of residence swears that the affiant lives at a certain address. This is often required to prove that children can attend school in their parent’s district.

 

 

Financial affidavit

 

Financial affidavits are used to establish the affiant’s income and personal wealth so the court can make arrangements for alimony and child support. 

A person sitting in an office reviewing an affidavit on their monitor

Civic affidavits.

 

Certain government functions and programs require an affidavit to prove that the recipient is eligible to receive them.

 

 

Affidavit of name change

 

When someone legally changes their name, they must sign a statement attesting that they aren’t doing so to hide from creditors or commit fraud.

 

 

Affidavit of support

 

An affidavit of support states the affiant’s intention to provide financial support for an immigrant to the United States. They are often used for family-based immigration and some employment visa holders.        

 

 

How to notarize affidavits anytime with Adobe Sign.

 

No matter which of the many different types of affidavits you need to create, Sign comes equipped with a powerful suite of tools, templates, and e-signature functionalities to help you generate and sign an affidavit form. But the latest and most exciting addition is its integration with Notarize.

 

An affidavit must be signed by a person legally authorized to administer oaths, such as a notary public or other officer of the court. You can use Sign to create an affidavit from scratch, add an e-signature, and then use the Remote Online Notarization (RON) function to have the document notarized over video chat at any time without leaving the app. This new feature brings game-changing convenience to everyone who works with affidavits on a regular basis, from law firms to financial institutions.

 

Whether you need to create a common type of affidavit or a specialized version to fit your particular legal process, Sign makes it easy — even if you aren’t a legal mastermind.

 

Learn more about how Sign simplifies legal documents

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