Types of Affidavit Forms

May 7th 2016

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Affidavits are factual affirmations on paper. They are similar to oaths, but are recognized on paper instead of in a courtroom. You might use an affidavit include when swearing to a name change, promising you are eligible to vote, or verifying that you've sent a document. The most common types of affidavits include:

Affidavit of Paternity

In cases where parents of a child are unmarried, a paternity affidavit may need to be filed in order to establish the legal father of the child. There are benefits for both the parents and children in filing a paternity affidavit; one of the most important being that the child gains inheritance rights from their legally recognized father. They may also be able to benefit from medical, insurance and government benefits. Once the affidavit has been signed, the father has a legal obligation to provide financial support for his child. If he fails to meet these obligations, then the court can require him to pay child support.

Requirements for a paternity affidavit depend on where it is filed. In general, both the mother and father need to sign the document and have it notarized. The paternity affidavit will include a sworn statement by the mother stating that she believes that the child's father is the man registered on the document. The father will also need to complete a sworn statement stating that he believes he is the father. Once it has been notarized and completed, it can be sent to a paternity registry.

Generally, there will be a period following the filing of the paternity affidavit when it can be contested. During this period, another person can object by filing a paternity case. The court will normally require genetic testing in order to determine who is the true biological father of the child. The affidavit will usually be nullified if it turns out that the biological father is not the man listed on the paternity affidavit. 

Affidavit of Death

An affidavit of death is a document used to establish that the owner of a certain property is the deceased party. As a consequence of filing an affidavit of death, the name of the deceased party will be removed from the title for that property. Generally, an affidavit of death will be filed once the property owner has passed away but before any other documents that affect the title of the property are filed.

In order for an affidavit of death to be completed, a certified copy of this certificate must be provided. An affidavit of death is commonly used in the following situations: when the deceased property owner was party to a living trust, when property was held as a joint tenant, or with the right of survivorship in the case of community property.

Affidavit of Name Change

When someone wants to change their name, they can file a name change affidavit. An affidavit of name change is necessary in order for banks, colleges, government agencies and other institutions to change the name on record. These agencies do not want someone to be able to fraudulently change their name.

Documentation will include the complete details of the name change, including the person's prior name, the new name and the date on which the name change came into effect. The affidavit will be signed by the person who is changing their name and by a witness. This witness is often a notary public. In some cases, further documentation may be required before agencies will change the name that they have listed on record.

Affidavit of Residency

An affidavit of residency is documentation that is used to establish the person's legal area of residency. One of the most common reasons for filing an affidavit of residency is for entering children into a certain school district. 

Another common reason why an affidavit of residency is required is to become eligible for in state college and university tuition payments. If a student is attending a state university, they will typically pay significantly less in tuition if they are in-state. In order to establish that they reside in the state where there are attending college, they can file an affidavit of residency. 

People file an affidavit of residency for more than just educational purposes, however. For example, you might also need an affidavit of residency in order to obtain certain legal rights, including voting or vehicle registration. Finally, there can be tax advantages to residing in a particular locality. In this case, the person may want to file an affidavit of residency so that they are registered as residing in a lower tax area.

Sample of a Generic Affidavit

Affidavit of William Doe
My name is William Doe. I am 50 years old, am employed as an accountant, and live at 123 B Lane, Anytown, Virginia, 20412.
I swear under penalty of perjury that [information that needs to be attested to].
________________________________ William Doe
Date _____________
________________________________ (notary seal) Signature of Notary Public Date _____________ Sources:
http://www.duhaime.org/LegalDictionary/A/Affidavit.aspx https://www.rocketlawyer.com/form/affidavit.rl http://www.affidavits.info/types-of-affidavit/ http://www.ehow.com/info_8240564_types-affidavits.html http://www.in.gov/dcs/2482.htm http://www.wikihow.com/Write-a-Letter-for-Proof-of-Residence http://web.co.wake.nc.us/courts/documents/Name_Change_Forms.pdf http://www.namechangetips.com/change-name/sample-affidavit-for-legally-changing-your-name/92798 http://www.state.gov/documents/organization/212240.pdf

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