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What is an Affidavit of Residence?
A Residency Affidavit is a legal document that you can use to verify your residence and the residency of anyone living with you. A Residency Affidavit is often used in response to a request for proof of residency from a school, financial institution, court, or other organization.
A Residency Affidavit is also often created to verify where someone lived before their death. Before closing or releasing the family member's accounts or funds, some businesses or organizations will require an affidavit of residency, as well as a copy of the death certificate.
When can you use an Affidavit of Residence?
- You would like to verify your residence in order to change your children's school district.
- You would like to verify your residence for a court or business questioning your residency.
- You would like to verify the death and residency of a deceased person in order to claim or release funds or other property of the deceased person.
Sample Affidavit of Residence
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Affidavit of Residence
I, , being of lawful age and a resident at in , , do on oath and under penalties of perjury, depose and say:
1. I have resided in County, for .
2. I make this Affidavit for no improper purpose.
3. The following individuals reside with me at the above address:
I certify under penalty of perjury under law that I know the contents of this Affidavit signed by me and that the statements are true and correct.
| ____________________________________ | ________________________ |
| Date |
About Residency Affidavits
Learn how to provide verification of where you live
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How To Write an Affidavit of Residence
An Affidavit of Residence, sometimes called an Affidavit of Residency or Proof of Residency Letter, is a legal document that shows proof of where a person lives or lived. This Affidavit can be used to verify the residency of the affiant (the person making the Affidavit and vouching for the truthfulness of the statements in the Affidavit) and the residency of any individual currently living with the affiant. Schools, certain financial institutions, lenders, courts, and other entities may require proof of residency from time to time. This document can be used to satisfy such requests.
In the alternative, this Affidavit can be used to verify the residency of a deceased person. Upon death, certain agencies may require proof of residency prior to releasing funds or other monies owed to the deceased person. A copy of the death certificate may be required as an attachment to this Affidavit. The affiant will need to check with the business or agency requesting this Affidavit to confirm the need of a death certificate.
We’ve gathered some information below that will help you understand what is in this Affidavit of Residency and the information you might need to fill it out.
State and County
The person making the Affidavit of Residency will need to indicate the county and state where the Affidavit of Residency is being made. Choosing the correct state will ensure that the proper notarization information will be included in the document.
Name of Person Making the Affidavit of Residence
The full name and permanent address of the person making the Affidavit of Residence should be included in the document. The person making the Affidavit may wish to provide their name as it appears on the official form of identification they plan to present to the notary public.
Deceased Person’s Information
The full name and address of the deceased person for whom the Affidavit of Residence relates should be included in the document, along with the number of years the deceased individual lived in the state of their last residence and the date of their death.
County, State, and Length of Residence
The person making the Affidavit of Residence (and attesting to the statements made in it) is called the “affiant.” The county, state, and length of residence may be needed to fill out the Residency Affidavit. Naming anyone living with the affiant may also be required.
Where the Affidavit Will Be Signed
Include the county and state where you plan to sign the Affidavit.
Statement Under Oath
The statement of facts section in the affidavit provides context to what is being sworn to. The person creating the affidavit (the “affiant”) should make certain that what they are attesting to is the truth and be prepared to swear upon its authenticity in court if necessary. If the information turns out to be false, the affiant risks prosecution for the crime of perjury or giving false statements under oath.
In an Affidavit of Residence, the affiant is stating the following is true to the best of their knowledge and belief:
- The affiant lives at the given address, county, and state.
- The listed individuals live with the affiant.
- The affiant is not making the Affidavit for an improper purpose.
For Affidavits of Residence relating to the death of a person, the affiant would be stating the following is true to the best of their knowledge and belief:
- The affiant is of lawful age and the affiant’s address, including county and state.
- The affiant is a disinterested party in the estate of the deceased person.
- The deceased person’s given address at the time of their death.
- The deceased person’s given state of residence and duration of residence in that state at the time of death.
- The deceased did not live in any other state during that time.
Signatures and Copies
After completing the interview, read the entire Affidavit of Residence to make sure it meets your intentions.
Once the Affidavit of Residence is in its final form, you can print, date and sign the Affidavit in front of a notary public. This Affidavit will not be a sworn statement and cannot be filed with the court until it is signed in front of a notary public.
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Definitions of Affidavit of Residence Terms
Term
Definition
Affiant
The person making the Affidavit of Residence and vouching for the truthfulness of the statements in it.
Notary Public
A public official who verifies signatures on documents and the identity of the persons signing the documents. A notary is also tasked with the duty of making sure that no one is being forced to sign documents and that everyone is aware of the contents of the documents being signed.
Residence or Residency
Where a person lives, which can include a physical address, county, city, state, and country.
Affidavit of Residence FAQs
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Who needs an Affidavit of Residence?
Any situation that requires that you prove where you live, where your child lives, or where a deceased loved one lived is a situation when an Affidavit of Residence might come in handy. Rocket Lawyer offers a quick and simple Affidavit of Residence that you can customize and share, print, or download on any device.
An Affidavit of Residence or Proof of Residence Letter may be required in the following situations:
- Parents need to prove their child’s residency for school purposes.
- College students need to prove their state of residence to qualify for in-state tuition.
- Drivers need to prove their state of residence for the DMV.
- Proof of residency of a deceased person is required for certain agencies.
- Verification of residency of a deceased person may be required for the release of funds.
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How do I write an Affidavit of Residence?
Making an Affidavit of Residence online is simple. Just answer a few questions, and Rocket Lawyer will build your document for you. Consider these questions beforehand to make the process speedier:
- How long has the Affiant resided in the county named?
- Who currently resides with the Affiant?
- Where will this Affidavit be signed?
If you don't have all of the details you need, you can skip questions, and save your document for later.
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How do you get a notarized Affidavit of Residency?
Obtaining a notarized affidavit of residency is a fairly straightforward process. You can complete an Affidavit of Residency online through Rocket Lawyer, which will include a place for the notary to sign. To finalize your document, you simply need to find a notary public in your local area or online.
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