Affidavit Template
An affidavit is a written statement of fact that you swear is true under penalty of perjury. It’s often used in legal, financial, or personal situations where you need to officially confirm something in writing.
With LegalSimpli, you can create a clean, legally valid affidavit using our free customizable template — no legal background required.
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Download, Print and E-sign your Affidavit-Of-Domicile Agreement Template
Table of Contents
What Is an Affidavit?
An affidavit is a written document in which you declare something to be true and sign under oath, typically in front of a notary public. Unlike a casual statement or letter, an affidavit has legal significance — it can be submitted in court, attached to legal filings, or used in business or personal transactions.
The person making the statement is called the affiant. The affidavit must clearly describe the facts the affiant is swearing to, and it must be signed and dated. In most cases, it also requires notarization to be legally recognized.
- Verifying identity or residency
- Confirming receipt or delivery of documents
- Supporting claims in court or insurance processes
- Declaring facts in immigration, probate, or loan matters
Even though affidavits may seem intimidating, they’re simply a way to provide formal, trustworthy statements in writing — backed by legal responsibility.
When Do You Need an Affidavit?
Affidavits are especially useful when you can’t appear in person to testify or explain something. They allow you to state your side clearly and formally — with the power of law behind your words.
What Happens If You Don’t Use an Affidavit?
If you submit a basic letter or informal explanation instead of a formal affidavit, it may be ignored or rejected — especially in official processes like court filings or visa applications.
Your statements may carry no legal weight and cannot be used as evidence
The court may require you to appear in person, which can delay your case
Your application may be denied if the form of your statement doesn’t meet requirements
The other party may challenge your facts, since there’s no legal penalty for inaccuracy in informal claims
How to Fill Out an Affidavit
- Step 1: Title Your Affidavit
Start with a clear title that describes the purpose of the affidavit. For example, “Affidavit of Residency” or “Affidavit of Identity.”
- Step 2: Identify the Affiant
Include your full legal name, address, and a statement that you are making the affidavit voluntarily and under oath.
- Step 3: State the Facts
Clearly list each fact you're declaring to be true. Numbered paragraphs are commonly used to keep statements organized. Stick to facts you personally know or witnessed.
- Step 4: Sign the Affidavit in Front of a Notary
Most affidavits require notarization to be valid. You must sign the document in front of a licensed notary public, who will then add their seal and signature.
- Step 5: Make Copies for Your Records
Keep a copy for yourself and submit the original where required — court, agency, employer, etc.
Types of Letter of Affidavit Form and Common Confusions
- Is an affidavit legally binding?
Yes. When you sign an affidavit, you’re swearing that its contents are true. If you lie, you could face charges of perjury — a serious criminal offense.
- Do I need a lawyer to create an affidavit?
Not usually. Most affidavits follow a simple format and don’t require legal advice unless the matter is complex or part of a contested legal case.
- Can I sign it at home?
You can fill out the affidavit at home, but you must sign it in front of a notary for it to be considered valid. Notarization is what gives the affidavit its legal force.
- Can I use this for court?
Yes, in many types of court cases. Always check the specific requirements of your jurisdiction, but courts regularly accept notarized affidavits as evidence.
- Is it the same as a declaration?
Not exactly. A declaration is a written statement made under penalty of perjury but does not always require notarization. Affidavits are considered more formal and are often required instead.
Related Documents You May Need
Depending on your purpose, you may also want to complete:
- Declaration of Identity or Residency
For visa, employment, or benefits applications
- Power of Attorney
To authorize someone to act on your behalf if needed
- Notarized Statement of Consent
For child travel, guardianship, or school enrollment
- Sworn Statement of Financial Support
Common in immigration or student loan situations
- Court-Specific Affidavit Templates
For small claims, family law, or probate
LegalSimpli provides templates for all of these. Our goal is to help you meet the legal requirement without unnecessary stress or cost.
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