The Important Details You Must Know About Illinois Affidavit

An affidavit is a written declaration or statement sworn before a notary public or person authorized to administer oaths. The document is signed by the person(s) making the declaration or stating the facts. They swear that the information indicated in the document is accurate to the best of their knowledge. Keep reading to learn more about the Illinois affidavit.

The Basics of an Illinois Affidavit

An Illinois affidavit is a legal document that can be used in many situations. For instance, in courts, witnesses write affidavits that can be used as evidence. Individuals can also write an affidavit and file it in court requesting specific actions.

For example, suppose you want to get divorced and bypass the complicated legal court process. In that case, you can submit a notarized divorce affidavit signed by you and your partner in court requesting the court to annul your marriage.

Typically, an affidavit should have the name of the affiant (person declaring the statement). In addition, it should have their address, phone number, and other specified details like driver's license number. The date you will write and sign the general affidavit form should also be included.

Additionally, an Illinois affidavit should have a statement of accurate information or facts. This information should not be based on assumptions but on what you know or believe. You should not sign the document if you are unsure of the information. If you do, and the court or relevant authority confirms that the information is misleading or inaccurate, you will be liable.

The affidavit should also have the signature(s) of the affiant(s). But you should sign it before a notary public, who will append their signature and stamp the document to make it legal. An affidavit featuring all these elements can be accepted in Illinois courts, government institutions, and private entities.

Situations Requiring an Illinois Affidavit

Many situations may demand that you must have an affidavit in Illinois. Some of them include:

• • Small estate succession when there is no will - If a decedent left behind less than $100,000 in assets, legitimate heirs can fill out and notarize a small estate affidavit form. This Illinois affidavit form will help heirs take possession and distribute the decedent's assets among themselves without going through the complicated, lengthy probate process. However, the heirs must sign this form and notarise it to make it legal. It should also be filed at least 30 days after the decedent's death.

  • When requesting the court to waive your court fees and costs – if you have a case in court and can't afford to pay the court fee and expenses, you can fill out, notarize and file a substantial hardship affidavit form. This form states that due to substantial hardship, you cannot pay court fees or costs and request the court waive the fees. You must share your income/expense statement, total monthly expenses, a list of your assets, and other details.

Who Writes Illinois Affidavits?

Typically, an affidavit is written by the person who needs it. But writing an affidavit from scratch is time-consuming and complicated. For that reason, you can rely on free Illinois affidavit forms offered by courts and government institutions. All you have to do is to collect or download the form, fill out the details and have it notarized.

Alternatively, you may hire a professional, like a lawyer, to draft an affidavit for you. But the simplest way to write your affidavit is using online affidavit templates. So, you can always get your free Illinois affidavit template at Forms.legal. We offer all Illinois affidavit form templates. Download and print yours today.