Documents / Personal & Family
Affidavit (General)
A sworn written statement of facts, signed before a notary, for use in court, financial, or administrative matters.
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State-specific. Terms, notices or signing steps change with your state.
Version 2026-09-09.8. No qualified legal review is recorded. Read the complete document and obtain advice for your circumstances.
Review and execution steps
- Use facts within the affiant's personal knowledge and identify the receiving authority and required form.
- Arrange the appropriate oath or affirmation and notarial act; do not sign the affidavit before you are in front of the notary, and do not treat a Quill signature as notarization.
Guidance updated September 8, 2026. Source coverage is limited to the topics described; historical sources are identified. State, local and transaction-specific requirements still apply.
Time
~5 min
Questions
≤ 13
Steps
3
Export
PDF · Word
Answer guided questions, review your draft, and export or request signatures on supported documents.
What we will cover
- 01
Location
Choose the actual location so the preparation guidance and applicable safeguards follow your document.
- 02
The Affiant
The affiant is the person swearing to the facts. This affidavit must be signed before a notary public.
- 03
The Sworn Statements
- 04
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About this document
An affidavit is a written statement of facts you swear to under oath — used for title transfers, insurance claims, small-estate filings, correcting a name discrepancy, or supporting a motion in court. Its value is evidentiary: it converts your account of what happened into something a court, an agency, or an insurer can rely on and act upon, with your name and your legal exposure attached to it.
The formality that makes it an affidavit is the oath, so it must be sworn before a notary public. Do not sign it in advance — the notary has to watch you sign and administer the oath, and you will need government-issued photo identification. State only facts you personally observed, with dates and amounts; opinions, guesses, and things you were told by someone else weaken the document and can be struck.
Common questions
Does an affidavit have to be notarized?+
Yes. Notarization by a notary who administers the oath is what distinguishes an affidavit from an ordinary letter, and a recipient who asked for an affidavit will reject one that is merely signed. Sign only in the notary's presence, and bring photo ID.
What is the difference between an affidavit and a sworn declaration?+
An affidavit is sworn before a notary; a declaration is signed under penalty of perjury without one. Federal courts and many state courts accept declarations for most purposes, which saves a trip to the notary. Banks, title companies, and government agencies usually still want the notarized affidavit, so follow what the recipient asks for.
What happens if something in my affidavit turns out to be wrong?+
Knowingly swearing to a false statement is perjury, a criminal offense, and it can also destroy your credibility in the underlying matter. An honest mistake is different — correct it promptly with a supplemental or corrected affidavit sent to everyone who received the original. If you are not certain of a fact, either leave it out or say plainly what you know and how you know it.
General information, not legal advice — laws vary by state and change over time.
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