How and When to Use An Affidavit

how and when to use an affidavitSometimes, when called upon, you may be asked to sign a document attesting to specific information that is legal in it’s matter. This is usually called an affidavit, or sworn affidavit. Most people want to know how and when to use an affidavit, and why are they important.

How and When to Use An Affidavit

Simply put an affidavit is a written statement that is considered to be made under oath.  When you sign an affidavit, you are saying that the information is true and that you personally are responsible for the information entrusted in that affidavit.  Also, by signing, you are testifying and stating you are stating 100% complete truth written in the affidavit and competent to testify about information in the document. Being competent to testify generally means that you are of sound mind and you are over the age of majority in your state.

Who Needs An Affidavit

Occasionally one may need to testify to factual knowledge in a court or legal proceeding, especially in probate cases where a or some party’s are deceased or not available to the courts. If there is a need to testify to validity, ownership,taxation or even value of something (usually property) a signed affidavit provided by a surviving party will usually suffice. One other benefit to an affidavit, is that other official business with banks, IRS or insurance companies may accept an affidavit as well.

Where Do I Find the Affidavit I Need

Arizona Legal Form Library offers many of the important legal affidavits used in probate and other areas of law. It is important to know, legal affidavits may vary from state to state. If you are dealing with the Arizona Legal System and their courts, you are expected to use documents that are derived from Arizona State laws. Using generic forms may lead to more expense, time and frustration on your part.