Common Types Of Affidavits: A Quick Guide (2026)

Types of Affidavits and Their Uses

Here are some common types of affidavits and how they're used:

• Affidavit of Death: This is a statement confirming someone has died and is usually submitted with a death certificate attached. It can usually only be signed by a family member or someone else who has personal knowledge of the person’s passing. In some circumstances, it may speed up the transfer of a deceased person’s real estate to beneficiaries by avoiding the probate process. You can generate an affidavit of death quickly and easily.
• Affidavit of Domicile: This is a statement saying where a deceased person was living at the time of their death. During the probate process, an affidavit of domicile tells the court which state’s laws should apply to the distribution of the estate. This type of affidavit is usually made by the executor or administrator of the estate. If you're managing an estate, you can create an affidavit of domicile online.
• Affidavit of Heirship: This is an affidavit identifying people who stand to inherit a deceased person's assets. It's typically only used if someone dies without a will. An affidavit of heirship must be completed by someone who has an in-depth knowledge of the family’s history. It will typically include the decedent’s family tree and the full marital history of the family. If needed, you can create an affidavit of heirship right now.
• Affidavit of Identity: This document formally establishes a person's identity. It's often used by banks and government agencies when a person doesn't have standard identification or when they can’t access that identification. It can also be used to help resolve identity theft disputes. You can create an affidavit of identity in minutes.
• Affidavit of Paternity: This document allows unmarried parents to legally establish paternity of a baby. In many states, signing an affidavit of paternity waives your right to a DNA test, so you should only sign one if you’re completely certain that you’re the father of the baby. Once you create and submit an affidavit of paternity, the father's name can be added to the birth certificate.
• Affidavit of Service: Courts have strict “service of process” rules to protect everyone’s rights. When legal papers must be served to someone by a process server, that person must submit an affidavit of service to confirm when and how they served the papers. The affidavit also must include the exact address and time of service. If you need to generate an affidavit of service, you can do so in minutes.
• Affidavit of Title: During the sale of a home, a seller can provide an affidavit of title. This document confirms that the seller owns the property and discloses any potential problems with the title. Affidavits of title often accompany many types of deeds. The deed transfers the property, and the affidavit confirms that the title is clear. You can start generating your affidavit of title online easily.
• Small Estate Affidavit: A small estate affidavit allows a deceased person's assets under a certain value to be transferred without going through probate. Make sure to generate a small estate affidavit that meets your state's requirements. Most states allow small estate affidavits, but the limits for what constitutes a “small” estate can vary considerably between them. Some states explicitly prohibit using small estate affidavits to transfer real estate.

Generating an affidavit yourself can simplify the process. However, in order for them to be considered legally valid, all types of affidavits must be signed in front of a notary or other authorized official. Make sure to check your state’s laws to verify that your affidavit is properly executed after you create it.

The Importance of the Right Affidavit

Whether you need to create an affidavit as part of a home sale, a lawsuit or other court case or something else, it's essential to pause and make sure you've chosen the right type of affidavit for your situation. As long as you do this and stay honest on the affidavit itself, you can protect your rights and keep the process as simple as possible.