All About Affidavits: The Different Affidavit Types and When To Use Them

0
627
Affidavits

An affidavit is a versatile legal document in which you can make a sworn statement of fact or attest to several issues. Often these relate to business, estate planning, or other financial subjects.

What is an affidavit?

An affidavit is a signed legal document that states that the declaration the signer has written down is accurate. If it’s not true, the person who signs a false document could be at risk of perjury. 

Signing an affidavit will require a notary who will serve as a legal witness to the documents signing. There are many places to obtain a notary, including a mobile notary service.

Types of affidavits

Many different affidavits exist and vary as much as the people who need them. Since there are so many types, a person might need help deciding which affidavit is best for their situation. 

Affidavit of a small estate

These affidavits get used when the signer attempts to settle the estate and assets of a relative or spouse who died without leaving a will. 

Affidavit of heirship

This affidavit is for when you are attempting to assert your rights as the legal heir to an estate.

Affidavit of residence

You would use this affidavit to prove the residence of yourself or a deceased individual. These get used for tax purposes, business, or when trying to establish residency for a school district.

Affidavit of name change

These come into play when you’ve changed your name legally in the past, but someone else needs proof that you’ve done so through proper channels. 

Financial affidavit

You would see these affidavits in divorce proceedings, where it’s necessary to document a person’s yearly income and other earnings. Similarly, you may see them in cases relating to child support.

Business records affidavits

Sometimes a business’ records are subpoenaed. In that case, the owner would get asked to sign an affidavit to swear they haven’t altered anything. Even a small business could experience this.

Affidavit of domicile

This affidavit is an estate planning tool that helps transfer cash, investments, bonds, and other financials owned by someone who has passed away.

Affidavit of death

You may need to present an affidavit of death and the death certificate to notify certain courts and businesses that a person has died.

Affidavit of support

In the case of immigration, the government may call on a person to sign an affidavit of support. This affidavit will assert that you are willing and capable of supporting a person as they are becoming a United States citizen.

Affidavit of a lost document

These affidavits come into play when the original document is lost. It’s possible for a person to sign an affidavit stating their awareness of what was on the destroyed document and that they still recognize their responsibilities. 

ID theft affidavit

If you’re the victim of identity theft, this is what you would provide to banks and creditors to state someone has compromised your identity. 

Parting Words

An affidavit is a practical and legally binding document. There are many different uses, and it can be difficult sometimes to determine which is best. If you’re struggling, it may help to consult a lawyer.

Read Also: Ready to Scale Your Startup? Here’s What to Take into Account