Affidavit Forms and Types: Free Templates by Purpose
General information, not legal advice. Requirements vary by state, court and purpose. Use each template as a starting point, and confirm the rules with the office or court that will receive your affidavit.
Affidavit type finder
Search by what you are trying to do, and open the matching template or state lookup.
What is an affidavit?
An affidavit is a written statement of facts that you swear, under oath, to be true, and that oath is the entire difference between an affidavit and a plain letter. You sign it in front of a notary public, who confirms who you are and watches you sign, and from that moment the document carries legal weight: courts, agencies, banks and foreign governments will rely on it. Because you sign under penalty of perjury, an affidavit is not something to treat casually, which is also why it is trusted. The person making the affidavit is called the affiant, and everything in it should be a fact that person personally knows, not hearsay, not opinion, and not guesswork.
How to make one that holds up
Whatever the type, the same handful of habits separate an affidavit that works from one that gets rejected. State only what you personally know, and put each fact in its own plain sentence rather than burying several claims in a paragraph. Include the concrete details, dates, names, addresses, that let a reader verify what you say. Add whatever that particular affidavit requires, which might be two disinterested witnesses for heirship, a certified death certificate for a survivorship claim, or a legal property description for anything touching real estate. Then sign it in front of a notary, not before, using a government photo ID. Finally, send it where it needs to go, delivered to whoever asked, filed with a court, or recorded with the county, depending on its purpose.
Which affidavit do you need?
Most requests fall into a handful of families, and the finder above links each to a free template. For settling an estate, a small estate affidavit claims a modest estate without full probate, an affidavit of heirship transfers real estate when there was no will, and a survivorship affidavit clears a deceased co-owner off a jointly held title. For everyday proof, an affidavit of residence shows where you live, a gift affidavit documents a gift such as a car, and a one and the same person affidavit ties together different versions of a name. For specific moments, a single status affidavit proves you are free to marry abroad, a financial affidavit lays out your finances for family court, a self-proving affidavit speeds a will through probate, and an affidavit of service proves court papers were delivered. When nothing fits, a general affidavit handles the rest.
Affidavit, declaration, or notarized letter?
These terms get mixed up, and the distinction occasionally matters. A traditional affidavit is sworn before a notary. A declaration says essentially the same thing but is signed under penalty of perjury without a notary, and many courts now accept declarations in place of affidavits to save people a trip. A notarized letter is just a letter where a notary verified the signer's identity, which proves who signed but not that the contents were sworn. When an office asks specifically for an affidavit, give them the notarized, sworn version rather than a declaration or a plain notarized letter, since that is what they are relying on. When they say a signed declaration is fine, you can skip the notary.
Affidavit FAQ
- What is an affidavit?
- A written statement of facts you swear to be true before a notary or other officer authorized to administer an oath. The oath is what separates it from an ordinary statement.
- Does an affidavit have to be notarized?
- Almost always. Notarization is what makes it sworn, so a notary confirms your identity and witnesses your signature. Some uses accept an unsworn declaration under penalty of perjury.
- What is the difference between an affidavit and a declaration?
- An affidavit is sworn before a notary; a declaration is signed under penalty of perjury without one. Many courts accept either, but some require the notarized affidavit.
- Can I write my own affidavit?
- Yes. Draft your own using a template, as long as you state facts you know to be true and sign before a notary. For court or high-stakes matters, have it reviewed first.
- What happens if I lie in one?
- Because it is sworn, a false affidavit can be prosecuted as perjury and destroys your credibility in the matter. Only swear to what you know is true.
Written by the Trámites Notariales US editorial team, drawing on state statutes, court rules and notarization practice. Confirm the specific requirements with the office or court receiving your affidavit.