Affidavit

What it means

An affidavit is evidence in written form. Signing one is a sworn act: a false statement in an affidavit is a criminal offense in every state.

It usually has to be signed in the presence of a notary public, who confirms who you are and watches you sign. Some states allow a written declaration under penalty of perjury instead.

Affidavits do most of the work in simplified procedures. A small-estate affidavit, for example, is how a family collects property without opening a court case at all.

Why it matters

An affidavit is often the whole procedure. Where one is available, it replaces a court process that would otherwise take months.

It is also where families most often overstate. Signing that no other heirs exist, or that the estate is below a threshold, is a sworn statement with real consequences if it is wrong.

When you are likely to meet it

• When a bank offers a form instead of asking for court papers.
• When collecting a vehicle, a final paycheck or a small account.
• When a motor vehicle agency asks for a statement of heirship.

How this varies by state

Which affidavits a state recognizes, what they may be used for, and what has to be sworn in them are set by state law.

Related terms

• HeirSomeone entitled to inherit under state law when there is no will — not simply a relative.
• Next of kinThe closest living relative or relatives, as the law of a particular state defines them — not as a family would.
• NotarizationA notary public confirming who you are and witnessing your signature, so that a document can be relied on by somebody who was not there.
• Prima facieEnough on its face. A document or a fact that is accepted as proof unless somebody produces something better.
• RetitlePutting an asset into a new owner's name on the official record.
• Self-proving affidavitA sworn statement attached to a will, signed by the witnesses in front of a notary, so that a court can accept the will without tracking them down.
• Small-estate affidavitA sworn statement a state allows instead of a full probate case for an estate under its ceiling. What it is called, what it reaches and whether a court is involved differ by state.
• Statutory citationThe reference that says exactly where in a state's law a rule is written — the abbreviation, the section number and the subsection.

Sahvelo guidance that uses this

• Small estate procedures