Introduction
A sworn written statement is called an affidavit. When you use an affidavit, you’re claiming that the information it contains is most valid to the best of your understanding. Affidavits Need To Be Notarized
An affidavit, like an oath in court, is only legal if it is signed voluntarily and without pressure. Affidavits can be created and used by anybody, but you have to be of sound mind and fully comprehend what is being signed. If you sign an affidavit with false information on purpose, you risk losing your case and maybe being charged with perjury.
Answer to Affidavits Need To Be Notarized
An affidavit is a written statement submitted to the court by an affiant. Affidavits must be notarized by a legal representative to be considered admissible.
When you use an affidavit, you’re just writing a factual statement to provide to the court. You could use an affidavit to alert your heir of a change in inheritance conditions, for example. You can also use one to prove your residency, claim assets or property, or reissue your lost marriage certificate.
When you’re done with everything and are ready to sign the paperwork, you must do it in front of eyewitnesses and have them notarized at the same time. Banks will notarize affidavits and supply witnesses in most states, but you can also employ your notary and witnesses.
What Is A Notarized Affidavit?
Affidavits are sworn statements in writing. An affidavit’s substance is restricted in the same way that testimony is restricted. That is, you can only point out facts about which you have firsthand knowledge, not things you’ve simply heard from others. In an affidavit, you can declare that you saw Henry drive Sandra to work, but you can’t indicate that Silas told you he saw Henry drive Sandra to work.
In your affidavit statements, you should also stick to firsthand knowledge. Unless you are a professional who has been called to provide expert opinion testimony, leave out your opinions.
When a witness possesses firsthand knowledge that is relevant to a case but is unable to testify in court, affidavits are frequently employed. Before giving their testimony, witnesses promise to tell the truth. You proclaim the truth under penalty of perjury in an affidavit. A notarized affidavit is one in which you swear that the contents are true in front of a notary public.
What Is A Notary Public?
A notary public, often known as a notary, is a public servant designated by law to help the public in non-contentious matters such as financial transactions, estates, deeds, powers of attorney, and international business. Validating a person’s signature (to sign a document); taking affidavits and statutory declarations, including from witnesses; verifying the execution of certain classes of documents; taking citations (e.g., of deeds and other conveyances); protesting notes and bills of exchange; providing notice of foreign drafts are all functions of the notary public. The title “notary public” does not apply to civil-law notaries; only common-law notaries are referred to as “notaries public.”
How To Notarize An Affidavit?
You may be required to notarize an affidavit as a notary, and you may be unsure of how to do that.
The notary must complete a jurat, which is a notarial certificate that is attached to an affidavit and specifies the time, place, and person in front of whom the sworn statement was made.
When a witness with intimate knowledge pertinent to an active legal matter is unable to testify in court, affidavits are usually employed. A notarized affidavit is one in which the material is sworn to be true in front of a notary public.
The Process for Notarizing an Affidavit:
#1. Make sure the signer is present before you notarize an affidavit.
#2. Examine the paper to ensure no blanks or content has been whited out or changed. Verify any corrections that have been made or that need to be made.
#3. Verify the signer’s identity. Require the signer to show proof of identification from the government, such as a driver’s license or passport.
#4. Verify that the signer is willing to participate.
#5. Make sure that the notarization is completed correctly.
#6. Keep a notary diary or official record book to keep track of the notarization.
Conclusion
Wills, trusts, affidavits, and real estate deeds aren’t legally binding unless they’ve been notarized. You must create a statement, known as an affidavit, and have it notarized if you want to swear or affirm that a given fact is true.
Frequently Asked Questions
- Is it possible to make an affidavit on plain paper?
Affidavits on plain paper may also be accepted if they are properly stamped, that is if they have stamps of appropriate value applied to them.
- Does the affidavit have a time limit?
The affidavit will be valid for 12 months after the commissioner signs it.