What is an Affidavit of Execution?

Witnesses to a signature may be required to sign an affidavit of execution.
••• signing a contract image by William Berry from Fotolia.com

An affidavit of execution is a legal document that attests to the witness of a signature. It is generally used during land transfers, the signing of financial documents and other business transactions. There are three requirements that must be met before the document can be notarized.

Under Oath

The witness must take an oath administered by the notarizing authority (a public official) before the witness can sign the affidavit of execution. The oath can be spoken or written. Each witness must sign a separate affidavit of execution.

Witness's Presence

The witness must affirm by his signature on the affidavit of execution that the witness was present at the signing of the legal document in question.

Witness's Knowledge

The witness must attest by her signature that the witness personally knows the signer of the legal document in question and the signer of the legal document in question is of the age of majority.

Read More: Who Can Witness a Legal Document?

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