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Affidavit and Report of Disinterested Person

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AFFIDAVIT and REPORT (Disinterested Person-Extension of Expired by Certification)

D.R.L. §§ 115, 115-d (9)

Form 26-a

(Certification as

Qualified Adoptive

Parent)

9/99

SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF

In the Matter of the Adoption of

A Child Whose First Name is

(Docket) (File) No.

Adoptive Parent(s)

, being duly sworn, deposes and says that:

1. I am a disinterested person as defined in section 115-d (4) of the Domestic Relations Law in that (he) (she) has no interest in the outcome of the application of the part (y) (ies) herein for certification as (a) qualified adoptive parent (s).

2. The following fee (s) (have been) (will be) paid to deponent for services rendered in connection with the application for extension of certification:

3. I have read the affidavit and report prepared by and submitted in support of the petition for certification as (a) qualified adoptive parent (s) submitted by petitioner (s) on . On information and belief, an order granting certification as a qualified adoptive parent (s) was made by the Court, County, on , and expired on .

4. The following Change (s) in circumstances relevant and material to the extension of such certification (has) (have) taken place since the issuance and expiration of the last certification:

5. The source of my knowledge concerning the circumstances of the petitioner's (s') family and household is: [include date, place and duration of personal interview and visit at petitioner's (s') home.]

Dated:

Affiant (Disinterested Person)

Print or type name

Sworn to before me this

day of

Notary Public

Enter text

What the Affidavit and Report of Disinterested Person Is

An Affidavit and Report of Disinterested Person is a sworn declaration by an individual who affirms they have no financial, familial, or other interest in the subject matter and who reports factual observations within their personal knowledge. Commonly used in probate, estate administration, guardianship, and property disputes, the affidavit documents dates, actions, and attachments under penalty of perjury. It is typically signed by the affiant and notarized to establish authenticity, and courts or agencies use it to corroborate facts while assessing conflicts of interest or procedural compliance.

Why an Affidavit by a Disinterested Person Matters

This affidavit provides a neutral, sworn account that helps preserve objective facts, reduce disputes over credibility, and streamline judicial or administrative decision-making where an unbiased witness statement supports the record.

Why an Affidavit by a Disinterested Person Matters

Who Typically Prepares or Signs This Affidavit

Common filers are people with direct knowledge who truly lack a personal stake in the outcome rather than interested parties.

  • Neutral witnesses — Eyewitnesses, neighbors, or third parties with direct observations and no financial or familial interest in the case.
  • Executors or administrators — Court-appointed fiduciaries may obtain neutral attestations to document uncontested facts in estate administration.
  • Attorneys and paralegals — Legal professionals often draft and file the affidavit on behalf of clients while ensuring procedural compliance.

Core Sections to Include in a Professional Affidavit

A well-structured affidavit organizes identity, factual narrative, exhibits, and authentication to meet evidentiary standards and make review straightforward for courts or agencies.

Caption

Include the court or agency name, case caption, docket or matter number, and parties' names so the affidavit is clearly tied to the official proceeding and routed properly.

Affiant Details

Provide full legal name, address, occupation, and an explicit statement confirming the affiant has no financial or familial interest in the matter to establish disinterested status.

Statement of Facts

Present a numbered, chronological narrative of observed facts with dates and locations; avoid opinions and limit wording to what the affiant directly perceived.

Exhibits

List and attach supporting items (photos, documents, receipts) with exhibit labels and reference them in the narrative where each exhibit substantiates a stated fact.

Jurat

Include a sworn jurat signed before an authorized official, usually a notary public, with venue, date, signature, and notary acknowledgement per state rules.

Certificate of Neutrality

Optional concise attestation that the affiant has no interest or bias, signed under penalty of perjury to underscore neutrality in contested matters.

Essential Information and Data Fields

Full Legal Name: As shown on government ID
Mailing Address: Street, city, state, ZIP
Occupation: Current job title or retired status
Statement Dates: MM/DD/YYYY format for events
Exhibit List: Itemized attachments with identifiers
Notary Block: Venue, date, signature, seal

Step-by-Step: Completing the Affidavit

Follow a clear sequence: identify the affiant, write factual numbered statements, attach exhibits, then notarize or use approved RON procedures.

  • 01
    Identify Affiant: Enter full legal name and contact details.
  • 02
    Draft Facts: Numbered, chronological statements limited to observations.
  • 03
    Attach Exhibits: Label and reference each supporting document.
  • 04
    Notarize: Sign before a notary or RON provider.

How to Configure an Online Filing Workflow

Set up fields, signer roles, authentication, routing, and retention so electronic submissions remain auditable and admissible.

Field Name and Recommended Configuration Purpose and recommended online setting
Signature Field for Each Party Collect e-signature with timestamp and audit trail
Date and Initial Fields Placement Require explicit date and initials where required
Signer Authentication Level and Method Email link or SMS code; KBA optional
Routing Order, Deadlines, and Reminders Set signer sequence and automatic reminder cadence

Typical eSubmission Flow for the Affidavit

A standard online workflow moves from upload to field placement, signer authentication, and final notarization or secure archival.

  • Upload: Add PDF or Word copy to the platform.
  • Place Fields: Add signature, date, and exhibit reference fields.
  • Authenticate: Choose email, SMS, or KBA depending on risk.
  • Notarize/Store: Complete RON or in-person notarization; save certified copy.

Practical Tips to Produce an Effective Affidavit

Adopt consistent drafting, verification, and storage practices to preserve admissibility and reduce administrative friction during review.

Structure with numbered short factual paragraphs
Write each fact in its own numbered paragraph, limit to observable details, include dates and locations, and avoid hearsay or legal conclusions that could be excluded at trial.
Attach and reference exhibits with identifiers
Label exhibits consistently (Exhibit A, B), reference each directly in the narrative, and ensure file names match exhibit identifiers in both electronic and printed versions.
Verify identity and signatory authority beforehand
Confirm government ID, match names exactly, record how identity was verified, and use in-platform authentication or in-person notarization based on jurisdictional rules.
Preserve audit trail and chain of custody
When using electronic submission, retain full audit logs, timestamps, IP addresses, and any RON session recordings and store them with the affidavit.

Principal Risks and Legal Consequences to Watch For

Perjury Exposure: False statements risk felony or misdemeanor per state law
Document Rejection: Court may refuse unauthenticated affidavit
Notary Noncompliance: Improper jurat can void affidavit
Tax Consequences: Mismatched TIN may trigger backup withholding
Evidence Exclusion: Opinions may be stricken as hearsay
Civil Liability: Challenges can lead to liability or delays

Common Preparation Errors to Avoid

  • Incomplete identification or mismatched names cause identity verification failures and increase the risk of the affidavit being rejected by courts or agencies.
  • Including opinions or speculative statements instead of direct observations invites admissibility objections and weakens the affidavit's evidentiary value.
  • Failing to reference or attach exhibits prevents reviewers from verifying claims and often leads to additional discovery or requests for clarification.
  • Skipping notarization or using an uncertified electronic signing method where RON is required will frequently render the affidavit invalid for court purposes.

Platform Requirements for Secure eSubmission

Electronic submission works best when the platform supports signature fields, authentication, secure storage, and auditable logs.

  • Signature Formats: PDF and DOCX supported
  • Authentication Options: Email, SMS, KBA, SSO
  • Integrations: Salesforce, NetSuite, Google Workspace

Comparing eSignature Pricing and Key Capabilities

A baseline comparison shows starting prices and common feature availability for vendors frequently used to execute and notarize affidavits and sworn reports.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price (monthly) $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial Availability 7-day free trial, no credit card Varies by vendor and plan Varies by vendor and plan Varies by vendor and plan Varies by vendor and plan
Bulk Send Included Yes Yes Yes Yes No
Audit Trail and Logs Yes Yes Yes Yes Yes
HIPAA BAA Availability Yes Yes Yes No No

Frequently Asked Questions and Troubleshooting

Answers to common questions on enforceability, notarization, RON, eSigning, retention, and corrections for this affidavit type.


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