Editorial Pillar / Litigation Documents

Affidavit: Definition, Examples & How to Write One

Direct Answer

An affidavit is a written statement of facts that the signer, called the affiant, swears or affirms is true, made voluntarily before a notary public or another officer authorized to administer oaths. The oath clause at the foot of the document, called the jurat, is what converts a written statement into a sworn affidavit and exposes the affiant to perjury liability if the statements are false. Courts and government agencies accept affidavits as written testimony in motion practice, probate, immigration, and recordable real estate documents.

Get an Affidavit Drafted Free Affidavit Template

Reviewed by Priya Patel, Esq., Estate Planning AttorneyCredentials: J.D., UC Hastings, CA BarPublished 2026-05-10

Notarized affidavit document with jurat clause, signature block, and notary public seal showing the anatomy of a sworn written statement

28 U.S.C. § 1746

Federal courts accept declarations in lieu of affidavits

Statute-anchored

Cites 28 U.S.C. § 1746 and Fed. R. Civ. P. 56(c)(4)

Editor reviewed

Reviewed by Priya Patel, Esq., Estate Planning Attorney

Thirteen sub-types

Heirship, support, residency, service, small-estate, more

Notarization guide

Step-by-step jurat, oath, and notary block

Comparison

Affidavit vs Declaration: Which One Does the Court Want?

A sworn affidavit and a written declaration carry the same evidentiary weight in federal court. 28 U.S.C. § 1746 lets a litigant submit an unsworn declaration under penalty of perjury anywhere federal law would otherwise require an affidavit. The practical difference is the notary: an affidavit needs one, a declaration does not. State courts vary, so check the local rule before swapping one for the other.

California Code of Civil Procedure § 2015.5 is the state-law analogue most often cited. Outside the courtroom, county recorders, immigration adjudicators, and probate clerks usually demand the notarized affidavit version because the jurat is what makes the document recordable.

Attribute	Affidavit	Declaration
Made under oath?	Yes. Sworn or affirmed in front of a notary public or court officer.	Yes, but unsworn. The signer affirms truth under penalty of perjury without a notary.
Notarization	Required. Notary completes the jurat at the foot of the document.	Not required in federal court (28 U.S.C. § 1746) or in California (Code Civ. Proc. § 2015.5).
Statutory home	Common-law instrument; recognized by every state's evidence code.	28 U.S.C. § 1746 (federal) and parallel state statutes that allow declarations in lieu of an affidavit.
Typical filing	Probate petitions, real estate transfers, immigration filings, county recorder documents.	Federal motion practice (especially summary judgment), state civil procedure where allowed.
Risk if false	Perjury exposure under state false-swearing statutes.	Perjury exposure under 28 U.S.C. § 1621 or the parallel state perjury statute.

Use Cases

Common Types of Affidavits Used in Practice

Most courts and recorders use a use-case label to name the affidavit (an affidavit of heirship, an affidavit of service, a financial affidavit) so the clerk indexing the filing knows which procedural rule the document is satisfying. The thirteen affidavits below are the ones that come up most often in family, probate, real estate, immigration, and litigation files.

Affidavit versus declaration comparison: notary required for affidavits, unsworn declarations permitted in federal court under 28 U.S.C. section 1746

Affidavit of heirship

A sworn statement that names the legal heirs of a person who died without a will, used by county recorders and title insurers to clear title to real property without a full probate.

Affidavit of support

Filed with U.S. Citizenship and Immigration Services on Form I-864 to show a sponsor's income meets the federal poverty threshold for the sponsored immigrant.

Affidavit of residency

Verifies a person's current address for school enrollment, in-state tuition, voter registration, or government benefits when a utility bill or lease is not available.

Affidavit of service

Filed by the process server (or other person who delivered legal papers) to prove that a defendant or witness received the summons, subpoena, or motion.

Small estate affidavit

Used in many states to transfer a decedent's personal property when the estate falls under the state's small-estate threshold, avoiding formal probate.

Affidavit of domestic partnership

A sworn statement of a non-marital partnership, used by employers, insurers, and government agencies to extend partner benefits where state law recognizes the relationship.

Affidavit of non-prosecution

Signed by an alleged victim asking the prosecutor to drop charges. The decision still rests with the prosecutor's office, but the affidavit is part of the case file.

Affidavit of correction

Corrects a clerical error on a vital record, vehicle title, or recorded deed by stating the original error and the correct information under oath.

Affidavit of indigency

Filed with a fee-waiver application showing the affiant's income, expenses, and household size to qualify for waived court filing fees.

Financial affidavit

A sworn schedule of income, expenses, assets, and debts, required in family-court matters (divorce, child support, alimony) and in some bankruptcy and probate filings.

Affidavit of paternity

Voluntarily acknowledges legal fatherhood when the child's parents are unmarried, replacing the need for a paternity-establishment court order.

Affidavit of identity

Used by banks, the post office, and real estate closings to confirm an affiant's identity when a name change, signature variation, or recordkeeping discrepancy needs to be resolved on the record.

Self-proving affidavit

Attached to a will so the witnesses can confirm execution under oath at the time of signing, sparing the executor from calling those witnesses to testify during probate.

Litigation companion documents

Affidavits also attach to procedural motions and process documents. An affidavit of service proves that a subpoena was delivered. A supporting affidavit accompanies an order to show cause. Sworn factual recitations underlie a motion to dismiss on jurisdictional grounds. For the procedural-motion side of that workflow, see motion to compel discovery counsel.

In estate practice, affidavits sit alongside the primary instrument: a self-proving affidavit attached to a last will and testament, an affidavit of death attached to a quitclaim deed, and an affiant's sworn statement supporting a power of attorney in jurisdictions that require notarized acknowledgment of the principal's capacity. For drafting help across estate instruments, route the matter through contract drafting services.

Drafting Guide

How to Write an Affidavit in Six Steps

A valid affidavit needs six pieces in order: the title, the affiant identification, numbered factual statements, the oath clause (jurat), the affiant signature, and the notary acknowledgment. Strip conclusions of law, hearsay, and opinion before the affiant signs. If the affidavit will support a contested motion or attach to a court filing, route the draft through how to draft an affidavit review at /get-a-quote so an attorney can confirm the recitations match the rule the affidavit is meant to satisfy.

Anatomy diagram of an affidavit showing title, identification paragraph, numbered factual statements, jurat clause, affiant signature, and notary acknowledgment

Download a Starter Template

1
Step 1
Title and caption
Title the document. Use "Affidavit of [Name]" for an out-of-court affidavit, or the full case caption (court, parties, case number) when the affidavit is filed in a court matter. The title is what the clerk and recorder will index on, so match the use case exactly.
2
Step 2
Identify the affiant
State the affiant's full legal name, current address, age, occupation when relevant, and the basis for personal knowledge of the facts. The identification paragraph is what makes the affidavit admissible: a court will weigh whether the affiant could have known what the affidavit recites.
3
Step 3
State the facts as numbered paragraphs
Each fact gets its own numbered paragraph in the first person and present tense. Stick to facts the affiant personally observed; strip out conclusions of law, hearsay, and opinion. Attach exhibits where the facts reference documents, and call out each exhibit by letter (Exhibit A, Exhibit B) inside the paragraph that introduces it.
4
Step 4
Add the oath clause (jurat)
Close the body with the oath: "I declare under penalty of perjury under the laws of [State] that the foregoing is true and correct." In federal matters, mirror the language of 28 U.S.C. § 1746 so the document doubles as an unsworn declaration if notarization fails.
5
Step 5
Sign in front of a notary
Do not sign before the notary appointment. The notary watches the affiant sign, verifies identification, administers the oath, completes the jurat block, signs, and stamps the seal. Without a properly executed jurat, the document is not an affidavit; it is just a written statement.
6
Step 6
File or deliver
File the original with the court (when the affidavit supports a motion or petition), record it with the county (when it accompanies a deed transfer or estate document), or deliver it to the agency requesting it. Keep at least one notarized copy for the affiant's records, and a second copy for opposing counsel where service rules require it.

Notarization Rules

Does an Affidavit Need to Be Notarized?

An affidavit notary step is required for the document to be a sworn affidavit. The notary watches the affiant sign, verifies identification, administers the oath, completes the jurat block, signs, and stamps the seal. A signed but unnotarized affidavit is a written statement, not a sworn statement, and most courts and recorders will reject it. The narrow exception is the federal declaration under 28 U.S.C. § 1746, which permits an unsworn declaration under penalty of perjury anywhere federal law would require an affidavit.

Notarization required

·Probate and small-estate filings recorded with a county clerk
·Real estate documents (affidavit of death, affidavit of heirship, deed transfers)
·USCIS and immigration filings (Form I-864 affidavit of support, asylum corroboration)
·State court motion practice in jurisdictions that do not recognize unsworn declarations

Declaration in lieu of affidavit

·Federal civil litigation under 28 U.S.C. § 1746 (summary judgment evidence, motion exhibits)
·California state court under Code Civ. Proc. § 2015.5
·Other states with unsworn declaration statutes (verify locally; the rule varies)

Common notarization failures

·Affiant signed before the notary appointment (the notary must witness the signature)
·Notary used an acknowledgment block instead of a jurat (acknowledgment confirms identity, not oath)
·Notary commission expired or commission state does not match the venue line
·Missing or incomplete venue line (state and county where the oath was administered)

Sample & Templates

Affidavit Sample Forms and Templates

A working free affidavit sample uses the six-block layout below. Legal Tank publishes a generic, fillable starter that mirrors what most state courts and county recorders accept; download it, fill in the bracketed placeholders, and notarize the final version before filing. For use-case-specific forms (heirship, small-estate, financial, residency, service), each sub-instrument page above ships its own pre-filled template.

If the affidavit will support a contested motion, attach to a probate or immigration filing, or be served on opposing counsel, ask an attorney to review the recitations against the controlling rule before signing.

Download the Affidavit Form Template Or have an attorney draft it →

Sample Affidavit Form

Caption: STATE OF [State] / COUNTY OF [County] / Case No. [###]
Identification: I, [Affiant Name], being duly sworn, depose and state:
Numbered facts: 1. I reside at [address]. 2. On [date], I observed [fact]. 3. ...
Oath clause (jurat): I declare under penalty of perjury under the laws of [State] that the foregoing is true and correct.
Signature block: Signed: ____________________ Date: __________
Notary acknowledgment: Sworn to and subscribed before me this ___ day of ___, 20__. Notary Public, My Commission Expires: ___

Affidavit FAQs

Frequently Asked Questions About Affidavits

Sourced from the People Also Ask box for affidavit, free affidavit sample, how to draft an affidavit, and examples of an affidavit.

Can anybody write an affidavit?

Anyone with personal knowledge of the facts can draft an affidavit. The affiant does not need to be an attorney, and many courts publish blank affidavit forms for self-represented filers. The signature block and the jurat must still be completed in front of a notary public (or another officer authorized to administer oaths) for the affidavit to count as a sworn statement. If the affidavit will be filed in support of a contested motion, attached to a probate petition, or served on opposing counsel, route the draft to /get-a-quote so an attorney can confirm the recitations match the procedural rule the affidavit is meant to satisfy.

What is an example of an affidavit statement?

A short example, from California's Medi-Cal sample self-affidavit: "I am providing this affidavit to verify my income as I have no other income documentation available to me. I understand that this information is subject to verification by the State of California. I certify that the information presented in this letter is true and correct to the best of my knowledge and belief." Each statement is a numbered, first-person factual recitation followed by an oath clause. Look at the Common Types of Affidavits section below for use-case examples (heirship, residency, service, small-estate, financial), or download a starter form at /affidavit-template.

What is meant by affidavit?

An affidavit is a written statement of facts that the signer (the affiant) swears or affirms is true, made voluntarily and under oath before a notary or another officer authorized by law to administer oaths. Submitting a false affidavit can expose the affiant to perjury charges. Affidavits are accepted as written testimony in most state and federal courts, used to support motions, probate petitions, immigration filings, and out-of-court verifications.

What is the purpose of an affidavit?

The purpose of an affidavit is to put a witness's factual statement on the record without requiring the witness to appear in person. Courts use affidavits to evaluate motions before trial, to verify residency or financial information without a live hearing, and to preserve testimony from witnesses who may not be available later. Outside court, affidavits substitute for in-person verification in administrative filings, real estate closings, and estate administration. If the affidavit will support a procedural motion, the safest path is to ask an attorney to review the recitations against the controlling rule before signing; start at /get-a-quote.

Can I draft my own affidavit?

Yes. Drafting an affidavit is not the practice of law, and the affiant is the only person who can attest to the facts. Use the structure below (caption, identification, factual statements, jurat, signature) and notarize the final version. For affidavits attached to court filings or estate documents, ask an attorney to review the draft so the recitations cover every element the court or county recorder will look for; route the draft to /get-a-quote.

Can you download an affidavit form?

Yes. Legal Tank publishes a free, fillable affidavit form at /affidavit-template that includes the caption, jurat, signature block, and notary acknowledgment that most states require. The form is generic and works for most general-purpose affidavits; for use-case-specific forms (heirship, small-estate, financial, residency), see the Common Types of Affidavits section below for the matching template.

Can you draft your own affidavit?

Yes. Affidavits are not difficult documents to prepare, but each one needs the six core sections to be valid in court: a title naming the affidavit and the affiant, a heading with the case caption (when filed in court), an identification paragraph, numbered factual statements, an oath clause (the jurat), and the affiant's signature taken before a notary. The Step-by-Step section below walks through each one in order.

How do you write a simple affidavit?

Title the affidavit ("Affidavit of [Name]" or, if filed in a case, the case caption). State the affiant's full legal name, address, and capacity in the first paragraph. Write each fact as a numbered, first-person statement based only on personal knowledge. Verify the statement is true and correct under penalty of perjury. Sign the document in front of a notary public, who will complete the jurat. The Step-by-Step section below expands each step with the exact language most state forms expect.

How to make a simple affidavit?

Decide what the affidavit's title will be (use-case label or case caption). Add the affiant's name, address, and any background information that establishes personal knowledge. Open the body with a first-person sentence ("I, [Name], being duly sworn, depose and state..."). Lay out the facts as a numbered outline so each statement is independently verifiable. Close with the oath clause and notary jurat. A blank starter is at /affidavit-template; for affidavits that will be filed in court, send the draft through /get-a-quote so an attorney can sanity-check the recitations.

How to properly draft an affidavit?

A properly drafted affidavit pulls four pieces from the matter file before any text is written: the court (and jurisdiction) where the affidavit will be filed, the case caption (claimant, defendant, case number) when applicable, the affiant's full legal name and contact information, and the procedural rule the affidavit is meant to satisfy (for example, Federal Rules of Civil Procedure Rule 56(c)(4) for affidavits supporting summary judgment). Each numbered statement maps to one fact; conclusions of law and second-hand testimony are stripped. Finish with a jurat in front of a notary or, in jurisdictions that allow it under 28 U.S.C. § 1746, an unsworn declaration under penalty of perjury.

Need an Affidavit Drafted or Reviewed?

Send the matter facts and the procedural rule the affidavit needs to satisfy. The quote request returns the sub-instrument fit, the controlling notarization rule, and an attorney to draft and review before the affiant signs.