What is an Affidavit?
An affidavit is a document containing sworn written statements made by an individual, called an affiant,
declarant or deponent.
The affidavit is sworn under an oath or affirmation administered by a legally authorized witness known as a
commissioner of oaths or a notary public.
Once the affidavit is executed and notarized or commissioned, the document is a sworn affidavit that can be
treated as evidence in court.
What is an Affidavit of Execution?
There are various types of affidavits. A common type includes an “affidavit of execution” which is often used
in real estate transactions and wills and estates procedures.
An affidavit of execution is signed by a witness who attests that the:
- signing procedure occurred in correctly complied with manner.
- witness knows the deponent who signed the original document (such as a will);
- document signing occurred freely and voluntarily by the deponent; and lastly
- deponent understands the contents of the original document.
Affidavits of execution can become important legal documents in court proceedings. For example, during
probate, if someone challenges the validity of a will,
the judge may ask the commissioner or notary who signed it to testify under oath that the signing procedure of
the will was correctly followed.
The process is a serious one and not just a “rubber stamp”.
Types of Affidavits
Apart from an affidavit of execution, other types of affidavits need swearing regularly. For example, these
include affidavits of:
- Name change – used when an individual marries or divorces, this document proves a
legal name change;
- Financial disclosure – employed in divorce proceedings where spouses officially reveal
all their assets and debts to divide property and calculate child/spousal support;
- Insurance loss claims – used to prove a loss (actually called a proof of loss form) to
an insurer, such as a stolen vehicle;
- Surviving joint tenant – transfers ownership where a right of survivorship exists;
- Marital, common law or separation status – employed in family law matters;
- Death – used to notify a bank or a court that a person has passed away if it is
impractical to obtain a death certificate; and lastly
- Service – employed in litigation that needs a sworn testimony to prove that a person
received a specific document.
