These are just a few of the most commonly used affidavits. For a more complete list, you can head to our list of family and personal affidavits. And if you ca not find exactly the affidavit you need, in most cases, a general affidavit form can be used. Just make sure to consult with a lawyer
Affidavit of Heirship. In the event that someone passes away without a will, an Affidavit of Heirship can be used to insure that the deceased s heirs and next of kin gain control of his or her property. Generally, this affidavit will need to be witnessed by people who do not stand to benefit from the deceased s estate and it can be instrumental in avoiding the often costly and lengthy probate process.
How to write an affidavit? The following are the steps in writing an affidavit:
1. Determine the title of the affidavit. If the affidavit is a sworn statement, then the name and address of the person giving the testimony or the affiant must be included in the title, e.g. Affidavit of Jane Doe. If the affidavit will be submitted before the court, the caption of the case must be stated at the top. The case caption may be found on any of the pleadings filed by the parties in said case. The caption must include the name of the court, the county and the state, the names of the parties and the case number.
2. In the first paragraph of the affidavit, include the name and personal circumstances of the affiant. This shall include his address, place of work, age or date of birth of the affiant, occupation, immigration status and relationship of the affiant to any of the parties in the case.
3. Write an opening sentence which must be in the first person. The same must state that the affiant is swearing under oath or affirming the information in the affidavit. 4. Make an outline of the facts to be stated in the affidavit. Determine, which among the listed facts, are relevant and important and disregard those which are not. Arrange the facts in a coherent manner.
5. State each fact in one paragraph. Number the paragraphs so that it will be easier to read it and to refer to it in court.
6. Described each fact concisely and clearly by providing names, dates, addresses and other information as needed.
7. Reference supporting documents by marking them as "exhibits".
8. Make a statement that the affidavit is a complete representation of the facts to which the affiant is swearing. Also spell out the oath that the affiant is taking.
9. Create the signature block. This is the space where the affiant shall sign his name.
10. Lastly, provide a notary signature block.
Affidavit of Death. This is a fairly straightforward affidavit, usually handled by an estate administrator. It is used to notify creditors, the court, and businesses that someone has passed away. This allows the executor or estate administrator to do his or her duty in regards to the deceased s estate.