Frequently asked questions

The notary is a public official and, at the same time, a legal professional. Its function is to provide preventive legal security through the authorization of public documents, guaranteeing the identity, capacity and legitimacy of those involved, the legality of the legal act or business and the free formation of the will of the grantors.

In addition to authorizing documents, the notary impartially advises all parties, explaining the legal consequences of the act to be carried out and ensuring that the document faithfully reflects their will. This advice is personal, independent and is aimed at preventing future conflicts.

The citizen can freely choose the notary he wishes to see, except in those exceptional cases in which the law attributes competence to a specific notary.

The main function of the notary is to guarantee preventive legal security. Before authorizing a document, the notary verifies that all legal requirements are met, identifies those involved, checks their capacity and legitimacy, informs them impartially about the scope and consequences of the act they are going to perform, and ensures that consent is given freely and with full knowledge.

Notarial intervention helps avoid litigation, protects all parties and provides the document with the authenticity, effectiveness and evidentiary force that the law recognizes in public documents.

Going to the notary means having an independent professional whose mission is to protect legality and guarantee that acts and contracts are formalized with full legal certainty. The notary does not represent any of the parties, but rather acts impartially, offering objective advice and ensuring the balance of the legal business.

In fact, notaries can advise you and be useful in almost all facets of your life. For example, in the family sphere, the appointment of guardians for your children stands out, setting up support measures or the property and personal protection of a person with a disability, making donations, getting married, divorcing or agreeing to marriage contracts to regulate your marriage. From the succession point of view, make wills, declarations of heirs, advance instructions documents and inheritances. In your company we can help you establish a company, transfer your shares or social interests or appoint administrators. Your relationship with the Bank includes mortgage loans and previous transparency reports, mortgage cancellations or personal loans or credits. In addition, other common documents are powers of attorney, sales and purchases, declarations of work, horizontal divisions or notarial acts of all types. You can find more detailed information [here].

Since 2015, the Notaries have been assigned new functions in matters of Voluntary Jurisdiction that can facilitate the resolution of citizens' problems. From that date he may, among other powers, and with full effectiveness, including judicial:

-Make declarations of heirs when a person has died without a will, even when brothers, uncles, nephews or cousins ​​are heirs.

-Celebrate marriages, including the processing of the previous marriage file, in which you can request that the Notary of your choice marry you.

-Divorce and separate when there are no minors or people with disabilities in the marriage.

-Require an heir not to express whether he wants to accept the inheritance, in order to begin to unlock an inheritance partition.

-Appoint starting counter. If the majority of the heirs do not agree to make the partition, the Notary can appoint a person to make it with full force and effect.

-Form an inventory of an inheritance to deliberate before accepting or repudiating and thus limit the liability for debts of the heirs.

-Inform you of the debts of all kinds that the deceased person has.

-Hold notarial auctions (since October 2015).

Yes. Impartiality constitutes one of the essential principles of the notarial function. The notary does not defend the particular interests of any of the parties, but rather objectively advises all of them, ensuring that they understand the content and legal consequences of the document and that consent is given in a free and informed manner.

When he notices a possible imbalance between the parties or detects that one of them may not fully understand the scope of the act, the notary adopts the necessary measures to guarantee equality of information and adequate protection of all those involved.

Yes. In general, any citizen can freely choose the notary they want anywhere in Spain, regardless of their place of residence or the location of the assets or rights affected. There are only certain exceptional cases in which the law attributes territorial jurisdiction to a specific notary.

When several parties intervene in the same act, the choice can be made by common agreement or in accordance with the legally established rules: if there are several of you, you can agree on which notary you want to go to, and if you do not reach an agreement, the right of choice is recognized by whoever is going to pay the majority of the notarial fees. You have at your disposal a search engine for notaries and protocols on the website www.notariado.org.

In addition to asking at the notary's office, you can obtain more information about the notarial function and its services on the website www.notariado.org. In it you will find, among other information of interest, questions asked by citizens to notaries and brochures with the most frequently asked questions to notaries.

The notarial protocol is the ordered set of original public documents authorized by a notary during each year. It constitutes an archive of extraordinary legal and historical value, whose conservation is guaranteed by notarial legislation. Since the entry into force of Law 11/2023, the physical protocol has an electronic reflection.

The documents are kept permanently in accordance with Spanish legislation. This preservation ensures that, even after many years, a copy can be requested when permitted by law and preserves the authenticity and integrity of the notarial documents.

The citizen never receives the original document, but rather the copies issued in accordance with the law. In this way, the permanent conservation of the authentic document is ensured.

The notarial protocol never belongs to the notary in a personal capacity. When a notary retires, leaves office or changes destination, his/her protocol becomes guarded by the legally corresponding notary.

This guarantees the continuity of the public service and allows citizens to continue obtaining copies of their documents regardless of the time that has passed.

Notaries authorize different types of public documents, each with a specific purpose and legal regime. The choice of the appropriate document will depend on the nature of the act or business that is intended to be formalized.

The best known are public deeds. They are used to formalize legal acts and businesses of special importance. Among the most common examples are the purchase and sale of real estate, the establishment of mortgages, donations, wills, marriage agreements, the constitution of companies, structural modifications of companies, the acceptance and adjudication of inheritances or the granting of powers of attorney.

Also notarized documents are intervened policies, which document certain commercial or financial contracts, notarial acts, which allow the notary to record facts, circumstances or statements, and testimonies and legitimations.

If you have doubts about the most appropriate document for your case, the notary office will advise you and indicate which notarial form best suits the action you wish to carry out.

The public deed constitutes the most secure legal instrument to document acts and contracts of special importance. The notary verifies the identity, capacity and legitimacy of the grantors, controls the legality of the legal transaction and guarantees that consent is given in a free and informed manner.

Furthermore, the public deed enjoys public faith, has a special evidentiary force, produces important legal effects against third parties, allows access to public records when the law establishes it and can constitute an executive title in certain cases. All of this provides a high degree of legal security and contributes to preventing conflicts.

Although both documents can reflect the will of the parties, they do not produce the same legal effects.

A private document is signed only by those who intervene in it. A public deed, on the other hand, is authorized by a notary, who verifies the identity, capacity and legitimacy of the grantors, controls the legality of the legal act or business and provides impartial advice to guarantee that consent is formed and expressed in a free and informed manner.

As a consequence of this intervention, the public deed enjoys notarial public faith and produces the effects that the legislation attributes to public documents. In addition to offering special probative force, in many cases it is necessary to access public records and can constitute an enforceable title in the cases provided for by law.

In addition to public deeds, notaries authorize other public documents adapted to different legal needs:

The intervened policies document certain contracts of a commercial or financial nature, such as loans, credits, guarantees or other financing operations, leaving a record of the identity of the grantors and the date of the notarial intervention.

Notarial acts allow proving facts, circumstances or statements that the notary witnesses or personally verifies. Among the most common are the certificates of presence, notoriety, deposit, protocolization of documents, sending of communications or holding of draws.

Notarial testimonies certify the conformity of a copy with the original document, incorporate documents into the protocol when the law allows it or record certain points provided for by notarial legislation.

Signature legitimations allow the notary to certify the authenticity of a signature, both on paper and, in cases provided by law, by electronic signature.

Each of these documents responds to a different purpose and produces the legal effects that the legislation attributes to the corresponding notarial action. If you have doubts about which one you need, the notary office will advise you and indicate the most appropriate instrument for your case.

The notary treats personal data with strict confidentiality and in accordance with applicable regulations on data protection and professional secrecy. The data is only used for the exercise of the notarial function and for compliance with the corresponding legal obligations.

Furthermore, the notarial action is protected by protocol secrecy, so only those with a legitimate interest will be able to obtain copies of the notarial documents.

The original document authorized by the notary is incorporated into the notarial protocol and is permanently preserved in accordance with Spanish legislation. For this reason, people entitled to it do not receive the original, but rather copies issued by the notary.

The issuance of copies is subject to the requirements and limitations established by notarial legislation to guarantee confidentiality and the protection of the rights and interests of the affected persons.

The authorized copy reproduces the original document in its entirety and bears the signature and seal of the notary, producing the legal effects provided for by law. It is the copy that is normally used when the document must be presented to a registry, a Public Administration or a financial entity.

The simple copy is merely informative and certifies the content of the document, but it does not in itself produce the effects of an authorized copy.

In both cases, they can be issued in physical or electronic format, and authorized electronic copies can also be verified in the Notarial Citizen Portal using its Secure Verification Code (CSV).

Not everyone can obtain a copy of a notarial document. The legislation protects the confidentiality of the protocol and only allows the issuance of copies to those who have the right or legitimate interest in accordance with the law.

The notary will check in each case whether the legally required requirements are met before issuing a copy.

Yes, it is possible to request the issuance of a copy through a notary office other than the one where the document was authorized, using the existing communication mechanisms between notary offices.

The way to obtain the copy will depend on the type of document, the legitimacy of the applicant and the requirements established by notarial legislation.

Going to the notary's office without an appointment does not guarantee that you can be attended to immediately, so it is advisable to request an appointment so that the notary's office can properly prepare the documentation, review the background of the matter and offer more agile and personalized attention.

In complex operations or with numerous participants, prior preparation is especially important to guarantee that the granting can be carried out with all legal guarantees and without unnecessary delays.

You can contact the notary's office by phone or with the general email that can be found at this link.

If you already know the officer in charge of your matter, or want to contact a specific department, you can do so at this other link.

Our team will answer your query and provide you with the necessary documentation or make an appointment if necessary.

Whenever possible, the notary office will try to serve citizens in the requested language. Specifically, we can assist you in Spanish, English and Valencian.

When required by law or circumstances make it necessary, an interpreter may intervene to ensure correct understanding of the document and the validity of the consent.

Yes. Free prior advice is an essential part of the notarial function, when it is related to a deed that is going to be executed. Before granting a document, the notary can provide guidance on the different legal alternatives available, explain their consequences and resolve any doubts that may arise.

In many cases, a prior consultation allows the documentation to be properly prepared, avoid incidents on the day of signing and choose the legal solution that best meets the needs of the parties.

You must always come provided with an original and current document that identifies you, and which may be, if you are Spanish, your national identity document. It is also possible to identify yourself through the official MiDNI application of the National Police, as long as the national digital identity document can be verified in full.

If you are a citizen of any country in the European Union, your national identity document or passport, as well as the Spanish residence permit. If you are not, you must identify yourself with the passport of your nationality. Additionally, if you are a non-resident, you must also provide the original and current foreign identification number (N.I.E.).

If you have granted marriage contracts that affect your marital property regime, you must provide an authorized copy of the corresponding deed. This documentation is necessary to determine the applicable economic regime and the powers to dispose of certain assets.

Furthermore, if you are intervening by power of attorney, you must also bring the authorized copy of the power of attorney deed, and if you represent a Company, the authorized copies of the deeds of incorporation and appointment of administrator. If you present foreign documents, you may need to translate and apostill them.

Then, each specific document (sale, will, inheritance, etc.) has documentary requirements that you can consult at the notary's office: depending on the legal act or transaction in question, other documents may also be necessary, such as property titles, administrative or banking certificates.

From the notary we can request some of these documents for you, such as the statement of property debts or the certificate of last wills in case of inheritances.

Finally, keep in mind that electronic documents that incorporate a Secure Verification Code (CSV) can be presented at the notary, as long as their authenticity can be verified through the corresponding electronic headquarters and they meet the legally enforceable requirements.

Before signing, the notary checks the identity, capacity and legitimacy of those involved, reviews the necessary documentation and verifies that the legal act or transaction meets the legal requirements.

During the execution, the notary explains the content of the document, resolves any questions that may arise and ensures that all parties fully understand their rights, obligations and legal consequences. Only when consent is given in a free, conscious and informed manner is the document signed.

Although the document has normally been reviewed previously, the notary will explain its essential clauses, resolve any doubts that may arise and adapt his explanations to the circumstances of each person. No one should sign a document if they do not fully understand its contents or wish to ask a question.

The cost of notarial intervention in the document is calculated by the notarial fees, which were approved by the Government in 1989, depending on the value of the contract and other circumstances, such as the length of the deed or the copies issued. The fee is the same for all notaries, so they all charge the same for the same service. Each notary office also has a complete copy of the notary fee available to clients (http://www.notariado.org/liferay/web/notariado/el-notario/que-cuesta)

However, the notary's fees are only part of what is paid in a notary office, since there are normally other expenses and procedures that the notary carries out for the grantor and that must be paid by him.

For example, prior to signing, obtaining copies, certificates or registration notes, or paying the Documented Legal Acts Tax for the stamp, physical and electronic, in which the document is drawn up.

Subsequently, the payment of other taxes such as municipal capital gains, those derived from the transfer, inheritance or donation, or the cost of registration in the public registry.

Notarial documents are subject to the fixed rate of the Tax on Documented Legal Acts (AJD), which is materialized through the so-called stamped paper for notarial use. Traditionally, this stamp was incorporated into paper documents and its amount is part of the supplies that appear in the notarial invoice.

Since June 1, 2026, stamped electronic folios have also been used for electronic matrices and electronic authorized copies. Its regulation is contained in Order HAC/305/2025, of March 27, which approves stamped electronic notarial documents, issued in development of Law 11/2023. These electronic folios are also subject to the fixed tax rate and also generate a technical cost associated with their issuance.

Both the physical and the electronic stamp have their amount set by current regulations and are duly reflected on the invoice when applicable. 

Yes. Whenever possible, the notary can offer an estimate of the costs derived from the granting of the document and, where appropriate, the expenses and taxes associated with its subsequent processing: it is possible to obtain an approximate calculation of both the cost of the notarial fee, taxes, and other expenses.

However, it must be taken into account that not all the factors that may affect said calculation can be known prior to signing, so the budget is always an estimate and may in the end be higher or lower than the final result.

Electronic notarial services are provided exclusively through the official channels of the Spanish Notaries, especially through the Notarial Citizen Portal, which uses secure electronic identification systems and protected communications.

The Notarial Citizen Portal is the official electronic platform of the General Council of Notaries that allows citizens to interact securely with any notary office in Spain. Through this portal it is possible, among other actions, to request copies of notarial documents, initiate certain files, exchange documentation with the notary, consult the status of some procedures and carry out those electronic procedures provided for by current legislation.

Yes. Spanish legislation allows a growing number of notarial actions to be carried out by electronic means. Depending on the procedure, it is possible to send documentation prior to the signature, maintain secure communications with the notary, request certain copies, carry out electronic signature legitimations and, in legally provided cases, grant certain documents via videoconference.

However, certain acts continue to require physical presence before a notary due to their special significance or because it is expressly required by law.

Spanish legislation allows certain notarial documents to be authorized by videoconference, as long as the requirements established by law are met and the grantor is identified through the Notarial Citizen Portal.

Broadly speaking, policies, incorporation of companies and most corporate documents, powers of attorney for specific acts, letters of payment and cancellations of guarantees, certain notarial acts, legitimations of signature, certain declarations of new construction and divisions of horizontal property, conciliation files and those other acts that may be authorized by this means in accordance with the legislation or its regulatory development can be authorized by videoconference.

When legislation allows the authorization of a document by videoconference, this produces exactly the same legal effects as a document authorized with the physical presence of the grantor.

However, other documents continue to require physical appearance before a notary. This is the case, for example, of the purchase and sale of a home, the establishment of a mortgage, donations, wills, general powers of attorney and preventive powers.

If you have doubts about whether a certain document can be granted by videoconference, the notary will inform you in advance of the applicable procedure.

Spanish law allows the notary to electronically legitimize a signature. This procedure is carried out through the Citizen's Notarial Portal and allows proving that a specific electronic signature actually corresponds to the person who made it.

Electronic legitimation offers the same guarantees of identification, authenticity and integrity that characterize notarial intervention and facilitates the completion of numerous procedures without the need for unnecessary travel.

Since the entry into force of Law 11/2023, notarial documents authorized by Spanish notaries are also incorporated into the electronic notarial protocol, an electronic reproduction of the traditional protocol that is part of the public notarial system.

The electronic protocol does not replace the notarial protocol nor does it modify the role of the notary. Its purpose is to reinforce security, facilitate electronic action provided for by law and allow the provision of new digital services while maintaining the same guarantees of authenticity, integrity, confidentiality and conservation that characterize the notarial public document.

The digitalization of the Spanish notarial profession maintains the same legal guarantees online as in in-person proceedings. The electronic identification of the grantors, encrypted communications, the qualified electronic signature of the notary and the security measures of the electronic protocol guarantee the authenticity, integrity, confidentiality and conservation of the documents. The incorporation of new technologies does not modify the function of the notary, but rather allows it to be provided through new channels while maintaining the same level of legal security.

Yes. When the legislation allows it and the legally established requirements are met, simple or authorized electronic copies can be made available to those who have the right to obtain them through the Citizen's Notarial Portal.

Electronic authorized copies incorporate a Secure Verification Code (CSV) that allows their authenticity and integrity to be verified through the verification services enabled on the Portal itself. In this way, citizens, professionals and entities can verify that the electronic copy corresponds to an authentic notarial document and that its content has not been altered.

They are different concepts and it is important not to confuse them. Nationality determines the State of which a person is a citizen, while residence, especially tax residence, determines, in many cases, the legal and tax regime that is applicable to them.

A person of Spanish nationality may be non-resident in Spain, while a foreign citizen may have their habitual and tax residence in Spain. Therefore, when preparing a notarial document it is usually more relevant to determine residence than nationality.

When the act has fiscal or international significance, the notary will inform you about the necessary documentation and, when appropriate, may recommend that you obtain specialized advice on international tax matters.

Every person who appears before a notary must prove their identity with a valid and current official document. Foreign citizens may identify themselves, depending on the case, by means of a passport, a national identity document issued by a Member State of the European Union or a Spanish residence permit.

When Spanish legislation requires a Foreigner Identity Number (NIE) or other tax identification number, it will be necessary to provide it before authorizing the document.

The notary office will previously indicate which documentation is appropriate for your specific situation.

In many documents with effects in Spain it will be necessary to have a Foreigner Identity Number (NIE), especially when the act has tax significance or requires access to a public registry.

The NIE constitutes an administrative and fiscal identification number. Its need will depend on the type of action to be carried out and the applicable regulations.

If you do not yet have a NIE, the notary office will be able to guide you on when it is necessary to obtain it before signing.

Yes. Powers of attorney granted abroad can produce effects in Spain as long as they meet the requirements of Spanish legislation and the rules of private international law.

Before using it, the notary will check its formal validity and equivalence, the sufficiency of the powers conferred and, when necessary, the applicable legislation.

In many cases it will be necessary for the document to be apostilled or legalized and, when appropriate, translated into Spanish.

When a document is written in a language that the notary does not know sufficiently or when legislation requires it, it will be necessary to provide a translation.

Depending on the case, the translation may have to be carried out by a sworn translator or another legally authorized person.

The notary will previously indicate the type of translation required depending on the document and the corresponding procedure.

I need an interpreter?

Whenever a person does not sufficiently understand the language in which the grant is developed, the intervention of an interpreter will be necessary to guarantee correct understanding of the content of the document. The objective is to ensure that consent is given in a fully free and informed manner.

As a general rule, the notary's office can serve citizens who speak Spanish, English and Valencian.

The need for an interpreter will be assessed individually by the notary based on the circumstances of each grantor. The legislation does not generally require that the interpreter be a sworn in all cases. The essential thing is that the notary can ensure that the interpretation is faithful and allows an adequate understanding of the content of the document. In those cases in which the regulations require it or the circumstances advise it, the intervention of a sworn translator or interpreter may be necessary.

Certain investments and disinvestments made by non-resident individuals or legal entities must be declared to the Foreign Investment Registry of the Ministry of Economy, Commerce and Business.

This obligation may affect, among other cases, the acquisition or transfer of shares in Spanish companies and certain real estate. The declarations are presented using the official forms D-1A, D-1B, D-2A and D-2B and, in some cases, a prior declaration may be necessary.

In certain transfers of urban real estate carried out by non-residents, the legislation may attribute to the acquirer certain obligations related to the Tax on the Increase in Value of Urban Land (IIVTNU), without prejudice to the obligations that correspond to the transferor.

The application of these rules will depend on the current regulations and the specific circumstances of the operation.

Yes, it is advisable. When a person owns assets in different countries or has links with several legal systems, it is advisable to adequately plan their succession.

The habitual residence of the deceased, his nationality, the location of the assets and European and international regulations can influence the law applicable to the succession and its tax consequences.

The notary can advise you on the civil aspects of estate planning and coordinate the most appropriate legal solution. When there are international tax implications, it will also be advisable to have specialized tax advice.

The European Succession Certificate is a document provided for by Regulation (EU) 650/2012 that facilitates the accreditation of the status and rights of heirs, legatees, executors of wills or administrators of the inheritance when an inheritance has international elements.

Its purpose is to allow these rights to be enforced in the Member States of the European Union in which the Regulation is applicable, without the need to obtain additional recognition procedures.

If an inheritance affects assets, heirs or rights located in different countries of the European Union, the notary will inform you about the possibility of requesting this certificate and its usefulness in your specific case.

When a foreign document is going to take effect in Spain, or a Spanish document must take effect in another country, the notary may indicate whether an apostille or another legalization system is necessary.

The Hague Apostille is a simplified system of international legalization that certifies the authenticity of the signature and position of the authority that issued a public document, allowing its use in the States party to the Hague Convention of October 5, 1961. The apostille does not certify the content of the document, but only its formal authenticity.

If both States, issuing and receiving the document, are parties to the 1961 Hague Convention, the Hague Apostille will normally suffice. If they are not, it may be necessary to follow the diplomatic or consular legalization procedure provided for by the applicable regulations.

When it is a Spanish notarial document, the Hague Apostille is not issued by the authorizing notary, but by the Notarial College, which certifies the authenticity of the signature and the official status of the notary who authorized the document, allowing it to take effect in the States party to the Hague Convention of October 5, 1961.

In the case of documents authorized by notaries of the Valencian Community, the apostille is requested at the Notarial College of Valencia, where information about the procedure can be obtained. You can make an appointment at this link https://valencia.notariado.org/portal/legalizacion-y-apostillas

The delegations of the Notarial College of Valencia are the following:

• Valencia: C/ Pascual y Genís, 21, 46002 - Valencia,  963 512 585

• Alicante: C/ Bailén, 25, 03001 - Alicante, 965 927 081

• Castellón: Pl. del Real, 36, 12001 - Castellón, 964 230 410