(10) Free California Affidavits Forms to Download

Free California Self-Proving Affidavit - PDF Download

The California self-proving affidavit is a legal document containing a sworn statement and attached to the will. The Affidavit follows California laws section § 8220.  It is signed by a witness and the notary public for the validity of the document. In California State, the Self-proving affidavit is given to

Free California Financial Affidavit - PDF Download

A California financial affidavit is a legal document that contains sworn information and statement regarding an affiant’s finances. The given information ranges from income, assets, debts, and expenses. The document is written according to California state laws and is used in court when dealing with child and spousal support. Personal

Free California Affidavit of Title - PDF Download

A California affidavit of title is a legally binding document written following California state laws. It is provided by a person who wants to sell property affirming the status of the property.  The facts given in the affidavit of title are considered true when signed and notarized. The document protects

Free California Affidavit of Residency - PDF Download

The California Affidavit of Residency is a legally binding document that shows where the affiant resides. It is used to prove the residency of the person and should be notarized to ensure the statement and information therein is true. The California affidavit of residency is used to prove residence as

Free California Affidavit of Identity - PDF Download

The California affidavit of identity is a legal document written following the California state laws.  It acts as proof to show the true identity of a said person in a world where identity theft is very rampant. With such, in serious cases that require identification, word of mouth is not

Free California Affidavit of Gift - PDF Download

A  California gift affidavit is a legally binding document that is used to confirm that a particular item was given to a person as a gift. The Affidavits of gifts are used when the gifted items are expensive and an ownership transfer is happening. Having legal proof makes the entire

Free California Affidavit of Domicile - PDF Download

A California affidavit of domicile is a legally binding document used to verify details of the deceased. Such include the name and their place of residence when they died. It should be written following the California state laws for it to serve the purpose. The legal document is used in

Free California Affidavit of Death - PDF Download

A California affidavit of death is a legal document written following the California state laws that state a death has occurred. The affidavit of death is used to notify courts, businesses, companies, and other places of someone’s death.  It however cannot be used in place of a death certificate even

Regardless of what type of affidavit one may need, there is some information that is always needed. It includes:

  • Name and address of the affiant
  • Age and birthday
  • Any other identifying information including work/occupation information
  • Location and date of the signing

True and concise statements should be written in the affidavit as false information attracts harsh repercussions. According to California law, the affidavits must be signed under oath. It can be executed by a notary or certified agents such as judges.

Affidavit laws

Affidavits are governed by laws found under the 2009 California Code of Civil Procedure – Section 2009-2015.6.

Section 2009

  • Examination of witness
  • Verification pleading/papers in a special proceeding
  • Uncontested proceedings in the establishment of birth record
  • Proof of summons, notice, or in a special proceeding
  • Obtaining provisional remedy
  • Any other case permitted by the statute

Section 2010

The evidence of a publication of a notice or document required by law, judge, or court order to be published in a newspaper, may be given by the affidavit of the newspaper of the principal clerk.  It should be annexed to a copy of the notice or document and have specific information on the times and in which paper the publication was made.

Section 2011

If an affidavit is made in a special proceeding or action pending in court, it may be filled with the court or court clerk. If it is not made as in the earlier scenario, it should be filled with the clerk of the county where the newspaper is printed.

In both cases, the original affidavit and a copy certified by the judge or court clerk having it in custody are necessary.

Section 2012

An affidavit to be used before an officer, a judge, or court in the state of California can be taken before any authorized oath administers.

Section 2013

An affidavit taken in any other state of the United States to be used in California should be taken before a commissioner appointed by the governor of California.  The appointed commissioner in the other states takes affidavits ad depositions before a notary public, judge, or clerk of a court of record having a seal.

Section 2014

An affidavit taken in a foreign country to be used in California should be taken before a minister, consular agent of the United States, judge of a court of record having a seal in the foreign country, consul, vice-consul, or an ambassador.

Section 2015

When an affidavit is taken before a court or judge in a foreign country, the existence of the court and genuineness of the judges’ signature must be certified by the clerk of court.

Section 2015.3

The certificate of a marshal, sheriff, or clerk of the superior court has the same force on an affidavit.

Section 2015.5

Under any California law, rule, regulation, requirement, or order made under the law, any matter is required to be established, supported, evidenced, or proved by sworn statement, verification, declaration, oath, or affidavit.

Other than the oath of an office, deposition, or any other oath required before a specified official (Not notary public), a matter should be supported, established, evidenced, and proved by the unsown statement, verification, declaration, or certificate in writing.

It shows that it is true before the penalty of perjury and it is subscribed to the said person. The dates and place of the execution in case it is California should be mentioned. If any other place, within or without California State, execution date and evidence that is certified under California laws should be highlighted.

Frequently Asked Questions

Who is referred to as the affiant?

The person who swears the affidavit is the one referred to as the affiant.  They can also be referred to as the deponent.

Who can make an affidavit and for what purpose?

An affidavit can be made by a witness, an expert in a relevant case, an applicant or plaintiff or a respondent/defendant. The affidavits are made to verify business documents, birth, and death, financial details, for witnesses in a case among other things.

Do affidavits in California need notarization?

Yes. All affidavits in California require to be sworn under the oath.  They are executed by notary public or certified agents such as judges for confirmation of the veracity of the stated information.

Are affidavits used in courts only?

The sworn statements are used in court proceedings or negotiations. Mostly, they are used in bankruptcy cases and family law. Where need be, they are used in criminal and civil cases.

Can an affidavit be considered a legally binding?

Yes. The affidavit is created by a person of sound mind who signs the legal document by themselves and is sworn under the oath before a judge or by the notary public.

Is an affidavit same as a declaration?

No.  An affidavit is a sworn statement that confirms the statements are true under the oath. Declarations are written statements which the author believes to be true but are not sworn before a notary public or a judge.

Does an affidavit need to be witnessed?

Yes. The witness in the affidavit is the person who authorizes the statements to affirm that the sworn statements are true. In this case, it is either the notary public or authorized agents such as judges.

Can an affidavit be used as evidence?

An affidavit can be used as evidence if it is testified. It cannot be used for evidence if there are objections because hearsay is not admissible as an evidence.

Can an affidavit taken outside California be used in California?

Yes. However, the affidavit should have been taken in any other state of the United States. It should also be taken before a commissioner appointed by the governor of California State.

Are affidavits taken in foreign countries used in California?

An affidavit taken in a foreign country for use in California requires to be taken either before a consular agent of the United States, minister, ambassador, judge of a court of record having a seal in the foreign country, consul, or a  vice-consul.