An affidavit is a written statement made under oath. When you sign an affidavit in front of a notary, you're swearing that the contents are true to the best of your knowledge. Lying in a notarized affidavit is perjury - a criminal offense.
When Do You Need a Notarized Affidavit?
Notarized affidavits are used in a wide range of situations:
- Court proceedings - evidence submissions, motions, and declarations
- Immigration - affidavits of support, relationship affidavits, and sponsorship documents
- Financial matters - affidavits of debt, hardship letters, and financial disclosures
- Property - heirship affidavits, title defect corrections, and lien disputes
- Identity - name discrepancy affidavits and identity theft declarations
- Insurance claims - sworn statements supporting your claim
- Government benefits - eligibility affidavits and supporting declarations
Types of Affidavits
- General affidavit - a sworn statement of fact for any purpose
- Affidavit of identity - confirms your identity, often used when there are name discrepancies across documents
- Affidavit of heirship - establishes inheritance rights without going through probate
- Affidavit of support - a sponsor's promise to financially support an immigrant (related to Form I-864)
- Affidavit of residence/domicile - proves where you live for school enrollment, voting, or legal proceedings
- Affidavit of name change - confirms a name change for updating records
- Financial affidavit - declares income, assets, or debts for court or lending purposes
- Small estate affidavit - used to claim assets from a deceased person's estate without going through probate
How to Write an Affidavit
A properly structured affidavit follows a standard format:
- Title - "Affidavit of [purpose]" (e.g., "Affidavit of Identity")
- Affiant identification - "I, [full legal name], being duly sworn, state the following:"
- Numbered paragraphs - each containing a single factual statement
- Truthfulness clause - "I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge."
- Signature block - leave unsigned (you will sign in front of the notary)
- Notary block - space for the jurat (the notary fills this in after administering the oath)
Getting Your Affidavit Notarized
Affidavits always use a jurat, not an acknowledgment. This is an important distinction. With a jurat:
- You must sign in the notary's presence (you cannot pre-sign the document)
- The notary will administer an oath or affirmation: "Do you swear or affirm that the statements in this document are true?"
- You verbally say "I do" before signing
This is different from an acknowledgment, where you simply confirm the signature is yours. For a detailed comparison, read our jurat vs acknowledgment guide.
Where to Get an Affidavit Notarized
- Banks and credit unions - often free for account holders
- UPS Stores and shipping centers - walk-in notary locations that handle affidavits regularly
- Mobile notaries - come to your location for added convenience
- Online notarization - RON platforms can administer oaths via video call for jurats, making online notarization a valid option for affidavits
What Happens If You Lie in a Notarized Affidavit?
Perjury. Depending on the jurisdiction, perjury is a felony or serious misdemeanor. Penalties include fines, imprisonment, and the affidavit being thrown out as evidence. Courts take this seriously because affidavits are used as sworn evidence in legal proceedings.
This is why the notary administers an oath before you sign - it is not just a formality. The oath establishes that you understand you are making statements under penalty of perjury.
For more on what documents require notarization, see our complete documents guide. Learn about the difference between jurats and acknowledgments in our jurat vs acknowledgment guide. For pricing, check how much does a notary cost.