Adobe Acrobat
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.
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.
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.
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.
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.
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 Acrobat 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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