Affidavit Form Template (Free, Notary-Ready)
Direct Answer
An affidavit form is a pre-built document that already contains the caption, the identification paragraph, the numbered factual statements, the jurat (oath clause), the signature block, and the notary acknowledgment. The full General Affidavit Template below is attorney-drafted, free to use, and structured to notarize without modification. Replace the bracketed placeholders with the case-specific facts, sign in front of a notary public, and the document is ready to file.
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General Affidavit Template (Attorney-Drafted)
The full document is below. Each section is paired with a drafting note explaining what to put in the bracketed fields and when to modify the language. Copy the body straight into Word or any text editor; the structure works in California, Texas, Florida, Ohio, Missouri, and most other states (state-specific notes are further down the page).
STATE OF [STATE] )
) ss.
COUNTY OF [COUNTY] )
AFFIDAVIT OF [AFFIANT FULL LEGAL NAME]
BEFORE ME, the undersigned authority, on this day personally appeared
[Affiant Full Legal Name], who, being by me first duly sworn, on oath
deposed and stated as follows:
1. My name is [Affiant Full Legal Name]. I am over the age of
eighteen (18), of sound mind, competent in all respects to make
this Affidavit, and have personal knowledge of the facts stated
herein, all of which are true and correct.
2. I reside at [Affiant Street Address, City, State, ZIP].
3. [State the first material fact in plain, first-person language.
Each fact gets its own numbered paragraph. Stick to what the
affiant personally observed, said, did, or heard. Strip out
opinions, conclusions of law, and hearsay.]
4. [State the second material fact. If the fact references a
document, attach it as Exhibit A and call it out here:
"A true and correct copy of [document] is attached hereto as
Exhibit A and incorporated herein by reference."]
5. [Continue numbering each fact. Add or remove paragraphs as the
matter requires. Most general-purpose affidavits run between
three and ten numbered paragraphs.]
FURTHER AFFIANT SAYETH NAUGHT.
I declare under penalty of perjury under the laws of the State of
[State] that the foregoing is true and correct.
Executed on this _____ day of ________________, 20____, at
[City, State].
_______________________________________
[Affiant Full Legal Name], Affiant
================================================================================
NOTARY ACKNOWLEDGMENT
(JURAT FORM)
================================================================================
STATE OF [STATE] )
) ss.
COUNTY OF [COUNTY] )
Subscribed and sworn to (or affirmed) before me on this _____ day of
________________, 20____, by [Affiant Full Legal Name], proved to me on
the basis of satisfactory evidence to be the person who appeared before
me.
_______________________________________
Notary Public Signature
_______________________________________
Notary Public Printed Name
Commission Number: ____________________
My Commission Expires: ________________
[NOTARY SEAL / STAMP]How to Use the Affidavit Template
Six steps from blank template to filed document. Steps three and four are where most homemade affidavits fail: drafted recitations that include hearsay or pre-signed before the notary appointment.
- 1
Copy the template
Copy the General Affidavit Template body below into a Word document or text editor. The bracketed fields ([Affiant Name], [State], [Case No.]) are the only spots that need editing.
- 2
Fill in the case-specific facts
Replace each bracketed placeholder with the matching fact. Keep numbered statements in the first person and present tense. Strip out opinions, conclusions of law, and hearsay. Attach exhibits by letter.
- 3
Have the draft reviewed (when stakes are high)
For court filings, probate petitions, immigration matters, or anything served on opposing counsel, send the draft through /get-quote so an attorney can confirm the recitations match the controlling rule.
- 4
Sign in front of a notary public
Do not pre-sign. 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.
- 5
File or deliver the original
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.
- 6
Keep at least two notarized copies
Keep one notarized copy in the affiant's records and a second copy for opposing counsel where service rules require it. Most courts and recorders return the original; the copies are the affiant's working file.
Affidavit Templates by Use Case
The General Affidavit Template above covers most general-purpose filings. For use cases where the recitations follow a specific format (immigration, probate, family law, vehicle title, vital records), the specialized templates below are pre-filled with the required language for that use case.
Single Status Affidavit
Sworn statement of unmarried status, used by foreign marriage authorities and U.S. immigration filings.
Affidavit of Domicile
Confirms the decedent's state of residence at death, used by transfer agents to release stock and bond holdings.
Gift Affidavit
Sworn statement that property (often a vehicle or cash gift) was transferred without consideration, used by state DMVs and tax filings.
Name Change Affidavit
Sworn statement that two names refer to the same person, used by banks, the Social Security Administration, and recordkeepers.
Residency Affidavit
Sworn statement of current address for school enrollment, in-state tuition, voter registration, or government benefits.
Paternity Affidavit
Voluntary acknowledgment of legal fatherhood when the parents are unmarried, replacing a paternity court order.
Identity Affidavit
Used by banks, the post office, and real estate closings to confirm an affiant's identity when a discrepancy needs resolving.
Same-Person Affidavit
Sworn statement that two name variations (married vs maiden, signature mismatch, recordkeeping error) belong to the same person.
Witness Affidavit
Sworn factual recitation by a third-party witness, used to support court motions and administrative filings.
Character Affidavit
Sworn statement attesting to a person's reputation, conduct, and integrity, often filed in immigration, sentencing, and licensing matters.
Affidavit of Support
USCIS Form I-864, sponsoring an immigrant by attesting that the sponsor's income meets the federal poverty threshold.
Bona Fide Marriage Affidavit
Sworn statement supporting a Form I-751 (removal of conditions) filing, attesting that the marriage is genuine.
Affidavit of Heirship
Names the legal heirs of a person who died without a will, used to clear title to real property without formal probate.
Small Estate Affidavit
Transfers a decedent's personal property when the estate falls under the state's small-estate threshold.
Financial Affidavit
Sworn schedule of income, expenses, assets, and debts, required in family-court matters and some bankruptcy filings.
Self-Proving Affidavit
Attached to a will so witnesses confirm execution under oath at signing, sparing the executor from calling them at probate.
State-Specific Affidavit Filing Notes
The General Affidavit Template above is structured to work in most states. Five state notes below cover the most common drafting variations and the state-issued forms that supersede a general template.
California
California Code of Civil Procedure § 2015.5 allows an unsworn declaration under penalty of perjury in lieu of an affidavit for state-court filings. The declaration must include the venue (state and date of execution) and the words "under penalty of perjury under the laws of the State of California."
Texas
Texas Civil Practice and Remedies Code § 132.001 allows an unsworn declaration in most civil matters, with a specific statutory format that includes the affiant's date of birth and address. The General Affidavit Template above can be used in Texas; for the unsworn declaration alternative, swap the jurat for the § 132.001 declaration block.
Florida
Florida courts accept both notarized affidavits and unsworn declarations under § 92.525. Florida DMV affidavits (gift, ownership transfer, lost title) require the official Florida DMV form rather than a general affidavit; the General Affidavit Template here is for non-DMV use cases.
Ohio
Ohio Revised Code § 147.55 requires the notary jurat to include the venue, the date, the affiant's signature in the notary's presence, and the notary's commission expiration date. The General Affidavit Template above includes each of those fields.
Missouri
Missouri General Affidavit Form 768 is the state-issued blank used for non-court general-purpose affidavits. The structure mirrors the General Affidavit Template above; substitute the Missouri form for state-agency filings that require Form 768 specifically.
Notary Block Validity Checklist
An affidavit is only sworn if the jurat is properly executed. Walk through these eight checks before leaving the notary's desk. A missed item invalidates the document and forces a re-do.
- Affiant signed in the notary's physical (or remote, where authorized) presence, NOT before the appointment
- Notary verified the affiant's identification (driver's license, passport, or other satisfactory proof)
- Notary administered the oath verbally ("Do you swear under penalty of perjury...")
- Jurat block (NOT an acknowledgment block) is used at the foot of the document
- Venue line names the state AND county where the oath was administered
- Notary signature, printed name, commission number, and seal/stamp are all present
- Notary commission has not expired (check the expiration date on the seal)
- Notary's commission state matches the venue line on the document
- Notary is disinterested: not a party to the document, not named in it, and gains nothing from the underlying transaction (many states also bar notarizing for a spouse or close relative)
Remote online notarization (RON)
Most states now authorize remote online notarization, where the affiant and notary appear by audio-video instead of in person. RON is fastest for affidavits where the affiant cannot physically reach a notary, but check that the receiving court or agency accepts RON-notarized documents before booking the session.
Affidavit vs Declaration vs Sworn Statement
The four labels below get used interchangeably, but the notarization requirement is what actually separates them. The template on this page follows the standard general affidavit structure and carries penalty-of-perjury language, so it functions as either instrument.
Affidavit
A written factual statement sworn (or affirmed) before a notary public or another officer authorized to administer oaths, evidenced by a completed jurat. The oath is what makes it an affidavit; the same text without a jurat is just a signed statement.
Declaration
The same factual statement signed under penalty of perjury with no notary. 28 U.S.C. § 1746 makes an unsworn declaration a full substitute for an affidavit in federal court, and California, Texas, Florida, and a growing majority of states accept a statutory equivalent in state-court filings.
Sworn statement
An umbrella label, not a distinct instrument. Courts and agencies use it loosely for any signed factual statement made under oath or under penalty of perjury. Read the receiving rule to see whether it demands a notarized affidavit or accepts an unsworn declaration.
Statutory declaration
A statutory declaration is the Commonwealth counterpart of the American affidavit, made under the UK Statutory Declarations Act 1835 or its Canadian and Australian equivalents. It comes up when a foreign registry, bank, or embassy requests one; it is declared before a solicitor, commissioner of oaths, or notary rather than sworn.
When courts require an affidavit
Summary judgment is the classic setting: Federal Rule of Civil Procedure 56(c)(4) requires supporting affidavits or declarations to be made on personal knowledge and to set out facts admissible in evidence. Default judgments typically require an affidavit of the amount due, plus a non-military affidavit under the Servicemembers Civil Relief Act. Outside the courtroom, probate shortcuts run on affidavits too: a small-estate collection affidavit transfers a decedent's personal property without formal probate, and an affidavit of death clears a deceased owner's name from title records.
Personal knowledge vs information and belief
Paragraph 1 of the template recites that the affiant has personal knowledge of every fact stated. That recitation is load-bearing: statements prefaced "upon information and belief" describe what the affiant assumes rather than what the affiant observed, and courts strike them from evidentiary affidavits. If a fact came from someone else, either leave it out or have the person who actually knows it sign a separate affidavit. Verified pleadings are the narrow exception, where a rule expressly permits allegations on information and belief.
Frequently Asked Questions About Affidavit Forms
Sourced from the People Also Ask box for affidavit form, where can I get an affidavit form, affidavit format, and affidavit form free.
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Want an Attorney to Draft the Affidavit For You?
Send the matter facts and the procedural rule the affidavit needs to satisfy. The quote request returns the template fit, the controlling notarization rule, and an attorney to draft and review before the affiant signs.