Free Affidavit Form Template (PDF & Word) – 2026

If you have ever paid an attorney to draft a affidavit, you know that the first hour is spent on standard provisions that look almost identical in every version they produce. That is because the underlying law is the same. This template gives you those standard provisions, properly assembled, so you can focus your attorney’s time (if you use one) on the parts that are actually specific to your transaction.

This page provides a free general-purpose affidavit template in PDF and Microsoft Word format. The template includes the formal structure that courts and recipients expect: caption, identification of the affiant, sworn statement language, numbered factual paragraphs, signature, and notary jurat. Customize the fields with your specific facts.

When You Need an Affidavit

• Court proceedings. Family law motions, summary judgment, support motions.
• Administrative proceedings. Immigration, social security disability, professional licensing.
• Real estate. Title affidavits, lost deed, name change, marital status for closing.
• Probate. Heirship affidavits, lost will, small estate procedures.
• Financial. Affidavit of identity for accounts, affidavit of support for immigration, mortgage assumption.
• Insurance. Proof of loss, sworn statement of facts.
• Schools. Affidavit of residency for enrollment.
• Identity / Name. Affidavit of identity for ID replacement, name correction for documents.

Anatomy of an Affidavit

1. Caption (for court use). Court name, case number, parties.
2. Title. «Affidavit of [Affiant Name] in Support of ___» or «General Affidavit.»
3. Identification of affiant. Full name, age, address, capacity.
4. Statement of competence. Affiant is over 18, of sound mind, has personal knowledge.
5. Numbered factual statements. Each fact in a separate numbered paragraph.
6. Reservation. «I am willing to testify to the above if called as a witness.»
7. Closing oath language. «I declare under penalty of perjury…» or «Subscribed and sworn…»
8. Signature line. Affiant signs in notary’s presence.
9. Notary jurat. Notary’s acknowledgment that the affiant appeared and swore.

Writing Effective Factual Statements

• One fact per paragraph. Numbered, short, factual.
• Personal knowledge only. Do not state facts you did not observe or experience directly.
• Specific dates and places. «On July 5, 2025, at the property located at 123 Main St» beats «Last summer at my house.»
• Distinguish fact from opinion. «Mr. Smith said he had purchased the vehicle» rather than «Mr. Smith owns the vehicle.»
• Avoid argument. The affidavit is for facts. Argument belongs in the brief.
• Attach exhibits. Reference and attach documents that support facts.

Common Mistakes

• Including hearsay («Mary told me that…») without identifying it as hearsay.
• Stating opinions or conclusions as facts.
• Not signing in the notary’s physical presence (remote online notarization is now permitted in many states, but check state law).
• Skipping the penalty-of-perjury language.
• Not attaching exhibits referenced in the statements.
• Including legal argument rather than facts.
• Using vague phrases («around that time,» «shortly thereafter») when specific dates are available.

Frequently Asked Questions

What is an affidavit?

An affidavit is a written statement of facts made under oath, signed before a notary public or other authorized officer. The affiant (person making the statement) swears that the contents are true under penalty of perjury, giving the document evidentiary weight in court, administrative proceedings, and many transactions.

What is the difference between an affidavit and a sworn statement?

They are essentially the same. «Affidavit» is the traditional name for a notarized sworn statement; «sworn statement» is sometimes used informally. Both must be made under oath and may be used as evidence.

Does an affidavit need to be notarized?

Generally yes. The notary’s acknowledgment is what gives the affidavit evidentiary weight — it documents that the affiant appeared before the notary and swore to the truth of the contents. An unnotarized «affidavit» is just a written statement and lacks legal force.

What is the difference between an affidavit and a declaration?

Declarations (also called «verified statements» or «statements under penalty of perjury») use the same penalty of perjury but do NOT require notarization. Federal courts and many states accept declarations as substitutes for affidavits. The federal form is at 28 U.S.C. §1746.

Can I make an affidavit on someone else’s behalf?

No. An affidavit is the affiant’s personal statement of facts within their personal knowledge. You cannot swear to facts you did not personally observe.

What if I lie in an affidavit?

Perjury is a felony in all 50 states and under federal law (18 U.S.C. §1621). Penalties include fines and imprisonment of up to 5 years federally, plus civil liability for fraud, and loss of credibility in any other proceeding.

How long does an affidavit remain valid?

There is no expiration date built into the document — the affidavit speaks as of the date it was sworn. Some uses (e.g., affidavit of residency for school enrollment) require the affidavit to be dated within a specific recent period (often 30-90 days).

Who can notarize an affidavit?

A notary public commissioned in any U.S. state. In most cases the notary need not be commissioned in the same state where the affidavit will be used. Some states also authorize attorneys, court clerks, and military officers (for service members) to administer the oath.

Download the Free Affidavit Template

A note on legal effect: this template is designed to be functional, not bulletproof. It covers the standard situations correctly, but edge cases (multi-party transactions, regulated industries, cross-jurisdictional issues, distressed counterparties) usually need attorney review. We are not your lawyer. Use the template, but get a second opinion if the stakes are real.

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