Basics

What Is an Affidavit? Definition, Types, and Free Template

May 23, 2025

An affidavit is a written sworn statement of fact, made voluntarily under oath. It is used in court or legal proceedings to present statements as evidence without needing the individual to be physically present. Whether you’re dealing with legal matters, personal declarations, or business agreements, affidavits are powerful documents that carry legal weight.

What Makes an Affidavit Legally Binding?

For an affidavit to be valid:

It must be written and signed by the declarant (also called the affiant)
It should be notarized by a notary public or officer of the law
The facts stated must be true to the best knowledge of the affiant
Any false statement could lead to perjury charges

Common Types of Affidavits

Affidavits serve different purposes depending on the context. Here are some common types:

Affidavit of Residence: Proves where someone lives
Affidavit of Support: Used for immigration to show financial backing
Affidavit of Heirship: Used in probate cases to establish rightful heirs
Financial Affidavit: Declares income, expenses, and assets (common in divorce)
Affidavit of Identity: Verifies someone's identity, often used with legal filings

When Do You Need an Affidavit?

You may need an affidavit when:

Submitting documents to a court
Proving residency or identity
Declaring facts for immigration or inheritance
Handling business ownership or contractual disputes

How to Write an Affidavit

Writing an affidavit is straightforward if you follow the proper format.

What to Include:

Title: Clearly state the type (e.g., Affidavit of Residence)
Affiant’s Information: Full legal name, address, and identification
Statement of Facts: Each fact should be listed in a separate, numbered paragraph
Sworn Statement: “I swear under penalty of perjury that the above is true…”
Signature & Date
Notary Section

Affidavit of Residence – Example

AFFIDAVIT OF RESIDENCE State of California
County of Los Angeles I, Emily Jane Thompson, residing at 742 Oakwood Avenue, Apartment 5B, Los Angeles, CA 90027, do hereby swear and affirm that the following is true and correct to the best of my knowledge: I am the legal resident of the address mentioned above. I have continuously lived at this residence since March 10, 2019. This affidavit is being submitted as proof of residence for purposes of school enrollment for my minor child, Lucas Thompson, at Northwood Elementary School. I am able and willing to provide utility bills and lease agreements upon request as supporting documentation. I understand that knowingly providing false information on this affidavit may be punishable under the law. Sworn Statement:
I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature of Affiant:
_________________________
Emily Jane Thompson
Date: March 26, 2025 Notary Acknowledgment Subscribed and sworn to before me on this 26th day of March, 2025, by Emily Jane Thompson, who is personally known to me or has produced identification. _________________________
[Seal of Notary Public]
Notary Public – State of California
My Commission Expires: June 30, 2026

Affidavit Template Example

AFFIDAVIT OF [TYPE] I, [Your Full Name], residing at [Address], do hereby swear and affirm the following: [Statement of Fact #1] [Statement of Fact #2] [Statement of Fact #3] I certify under penalty of perjury that the above statements are true and correct to the best of my knowledge. [Signature of Affiant]
[Date] Sworn and subscribed before me on [Date] Notary Public