The U.S. is a nation of laws. Many of the most common court proceedings, such as separations of marriage (divorce), bankruptcies, and probate court proceedings, rely on underlying statements of fact for which some party must swear to their legitimacy. Otherwise, everybody tangentially involved with one of those proceedings must attend court every time something needs to be entered into the record.
For convenience’s sake, an affidavit lets people swear to certain facts by signing the legal form in front of a notary or officer of the court. Thanks to virtual signing, completing affidavits can be even more convenient.
Below, we’ll provide a rundown of affidavits, how they’re used, and ways to optimize them. But first, let’s explore the answer to a key question: what is an affidavit, anyway?
What is an Affidavit?Definition & Basics
An affidavit is a sworn statement used in various legal contexts. It cannot be produced under duress. In other words, if the person making the statement, known as the affiant, signed the document in non-voluntary situations, the affidavit is not valid. The affidavit may consist of a physical piece of paper, an online document, or both.
Lying on an affidavit has consequences. Just as in court, sworn statements made on an affidavit must be truthful under the threat of perjury. Perjury is a criminal charge and, in many cases, a felony.
What is an Affidavit Used For?
There’s a good chance you’ll either sign an affidavit or be involved in a legal proceeding in which affidavits are used. You might have already seen firsthand the process and utility of affidavits in one of the following circumstances:
- Spouses affirming their assets and property during the divorce process
- Notifying creditors in the event of bankruptcy or someone else’s death
- Confirming a name change
- Attesting to the validity of a last will and testament or other estate planning document
- Confirming proper service of subpoenas and other legal documents
- Protecting homebuyers from liens and other obstacles (affidavit of title)
It’s not wise to assume an affidavit is the best way to protect your legal rights. Getting advice from a licensed and experienced attorney is the best course of action in any circumstance involving legal matters.
What Happens After an Affidavit is Filed?
After you sign an affidavit, you may not have to even think about it again. The filing requirements vary by jurisdiction, but the process is usually simple. An attorney might even file the affidavit without your involvement.
How to Write an Affidavit
Most people don’t have to write an affidavit completely from scratch, as the internet is full of affidavit templates for a wide variety of legal circumstances. If you don’t know where to look or where to start, your legal counsel should be helpful.
Generally, a legally enforceable affidavit has the following elements:
- Your name, address, and contact information. The personal information you must provide will vary based on the type of affidavit you’re swearing to, but basic information that affirms your identity is standard.
- Jurisdiction information. County and state usually appear near the top of almost every affidavit.
- Description of the legal matter. There should be no mystery as to the affidavit’s core purpose. It should answer basic questions like:
- What is an affidavit of heirship?
- What is an affidavit of domicile?
- What is an affidavit of death?
- Statement of fact(s). The affidavit text should lay out the facts to which you are attesting in no uncertain terms.
- Date and signatures of relevant parties. The court needs records of the signing occasion—none more important than the signatures of the affiant and witness. Don’t forget the notary stamp.
Best Practices for an Effective Affidavit
The best affidavits are ones that contain only the information relevant to the matter at hand.
Avoid surplusage—unnecessary, tangential details that don’t support your sworn statement. Presenting things clearly and concisely is advisable. You don’t need to include flowery language or Latin phrases just because you’re drafting a legal document.
Lastly, you should proofread the document. Notarizing an entirely new affidavit just because you misspelled a word or two can waste time and delay legal proceedings. Signing a form with poor grammar can also negatively affect the document’s credibility.
Explore Our Electronic Signing Solutions Software
Timely affidavits are crucial to many legal proceedings for private citizens and businesses. Some organizations balk at performing certain operations online for a number of reasons. In the case of affidavits, many affiants might be concerned about the legal ramifications and validity of the document.
CDP’s software solutions are designed to improve workflows while satisfying pertinent legal requirements. Before we implement anything at your place of work, we confirm necessary security protocols so sensitive information never gets into the wrong hands.
We invite you to sign up for a demo so we can explain how our software can make your life easier.
