Calculate your Cash Advance with our Inheritance Calculator

What Is a Affidavit? Definition, Uses and Importance.

Jump To Section

Share This

A written statement made under oath. An affidavit is a written statement that can be sworn in as true, but only if made voluntarily and without coercion. It’s important to note who the person making this statement has knowledge of what they are writing about (often themselves). By signing an affidavit you’re also stating your competence for court testimony – which generally means sound mind over majority age where applicable. An affidavit is required in many cases during the probate process.

When is an affidavit needed

  • Probate court
  • Civil court
  • Criminal court
  • Self-proving will affidavit.
  • Affidavit of power of attorney.
  • Financial affidavit.
  • Affidavit of lost document (usually with a bank)
  • Affidavit of identity theft.

An affidavit is different from a regular statement

An affidavit is a sworn statement. If you lie during an affidavit you can be prosecuted for purjery.

An Affidavit is important to the court

The court relies on affidavits to collect information that it doesn’t have from a verified entity like a bank.

An affidavit does not expire

If you are not sure of an answer, you shouldn’t swear to a statement in an affidavit. When you provide information in an affidavit you should make sure that it is 100% accurate.

When is an affidavit needed in probate?

The state law that governs small estates is remarkably simple. If an estate is under a certain value, then the people who inherit property won’t have to go through probate court and instead simply prepare and sign a brief affidavit swearing they are entitled to use this procedure for their inheritance of particular items.

Transferring real estate with an affidavit

Some states provide an affidavit procedure for real estate transactions in probate. Real estate transfers are always a matter of public record so the affidavit must be filed in court or with a public agency.

« Back to Glossary Index
Search for more common probate terms
Search

Get Your Inheritance Money Now!

Our Inheritance Cash Advances help heirs receive a portion of their inheritance payout in just a few days. We then wait and are paid directly out of your share when the estate finally closes. We wait for probate so that you don’t have to. Click below and fill out our short form to receive an advance immediately.

Probate Costs
Other Probate Terms You Might Be Interested In
Heir

An heir is a person entitled to inherit the property of a decedent. An heir is a person who inherits or expects to inherit property

Read More »
Statutory Will

Statutory wills follow the standard language contained in a state wills statute. Some states have a template and format for their wills and they can

Read More »
Pecuniary

Being in charge of managing a company’s finances is an important responsibility. It affects how much money employees will be able to take home every

Read More »
Marital exemption

A tax provision that allows an unlimited amount of property of one spouse to transfer to the other upon death without incurring estate or gift

Read More »
Blocked Account

A blocked account in probate refers to cash or securities that are placed in a bank subject to withdrawal upon court order. A blocked account

Read More »
Testamentary Disposition

A will can be considered to have a testamentary disposition of property if it leaves specific items, such as money and possessions. Leaving property at

Read More »

Fill Out The Form & Get An Immediate Quote!

Choose Your Total Estate Value

$

TIP: deduct loans, administrative fees, legal fees and all other expenses

$

Select from 1% to 100%

%

Estimated Advance Amount

$0