Which notarial procedure do I need?
Answer three questions and we'll tell you which one is yours. Further down are the situations people ask us about most, with the name they go by at the notary's office.
Start the questionsYou don't need to leave your email to see the result.
Are you an individual, or do you need the procedure for a company?
What do you need to do?
Are you in Spain or living abroad?
This decides whether you need an apostille, an NIE or just the standard procedure.
Are you Spanish or resident in Spain, or a foreign national?
It changes how you sign from abroad: consulate or video call, or apostille and sworn translation.
Common situations and the procedure for each
How people describe them on the phone, and what they are called at the notary's.
-
A family member has died
Your father, mother, a grandparent or your partner has died and what they left has to be shared out.
Acceptance and division of an inheritance
The first step is to get the death certificate and the certificate of last wills, which can be requested once 15 working days have passed since the death. If there is a will, the estate is divided as it says; if there isn't, the law decides who inherits and how much. The deed of acceptance is signed before a notary, or with a power of attorney if you can't be there. Then Inheritance Tax is paid and the registers are updated.
How we handle an inheritance -
You are buying or selling a flat
You have signed the deposit contract (arras), or are about to, and the deed comes next.
Public deed of sale
To register the purchase at the Land Registry you need a deed signed before a notary, and it is the Registry that protects you against third parties. The deed sets out the property, the price, how it is paid and who covers each cost. On signing, transfer tax (ITP) is paid, or VAT and stamp duty (AJD) if the home is new.
Property sale in 24-72 h -
Someone has to act on your behalf
You can't go to the bank, the notary or a signing, and someone else has to do it for you.
Power of attorney
It is a deed in which you authorise another person, the attorney, to do things in your name. It can be broad (general power of attorney) or limited to something specific: selling a flat, accepting an inheritance, dealing with a bank. If you live outside Spain, it also needs an apostille.
Grant a power of attorney -
You want to give money or a flat to your children during your lifetime
You'd rather not wait for the inheritance and give a sum, a property or a business now.
Deed of donation
A donation transfers ownership while you are alive. Money doesn't always need a notary; a property does, because without a deed it can't be registered. It is signed before a notary or with a power of attorney. The person receiving it pays Donations Tax, which varies a lot from one region to another.
Donations and how they are taxed -
You are starting a company
You want to set up a limited company (SL), alone or with partners, to invoice your business.
Deed of incorporation of an SL
An SL is created by a deed that sets out the partners, capital, business purpose and directors. Through the CIRCE system (PAE) the company is up and running in 7 hours with a provisional tax number (NIF). The minimum capital is €1, but until it reaches €3,000 the partners are liable for the shortfall.
Set up an SL in 7 hours -
You live outside Spain and need to sign here
You are in Mexico, Argentina, the UK, Germany or any other country and have an inheritance, a sale, a donation or a power of attorney to deal with in Spain.
International power of attorney with apostille
You grant a special power of attorney for that deed before a Spanish notary, by video call or at the consulate. It is apostilled under the Hague Convention and, if your country requires it, translated by a sworn translator. With that power, someone you trust signs the relevant deed in Spain.
International powers of attorney with apostille -
You want to decide what happens to your estate
You don't want the law to decide. You want to put in writing who gets what.
Open notarial will
A will is signed in person before the notary; the law does not allow it to be done by video call. It is recorded in the General Register of Last Wills and is only opened after death. You can name heirs, leave specific assets or favour one child, always respecting the forced share (legítima). To change it you make a new one, which revokes the previous one.
How we prepare your will -
You are getting married, or already are, and want to keep your assets separate
You want to choose the matrimonial property regime.
Marriage settlement (capitulaciones)
In most of Spain, if nothing is agreed, a marriage is under community of property (gananciales): what is earned belongs to both. To have separate property you sign a marriage settlement, before or after the wedding.
Marriage settlement (capitulaciones) -
You've been asked for an apostille on a document
You or a relative need to use a Spanish document abroad and have been asked for the Hague apostille.
Hague apostille
It is a stamp certifying that the Spanish document is authentic in the more than 120 countries of the Hague Convention, including almost all of Latin America, the EU, the UK and the United States. It goes on deeds, Civil Registry certificates, criminal record certificates and the like. On deeds it is added by the Notarial Association (Colegio Notarial).
Hague apostille -
You need an NIE to buy, inherit or become a partner
You are not Spanish and will appear in a deed in Spain.
NIE (Foreigner Identity Number)
It is the tax number Spain gives foreigners who deal with the authorities or sign deeds. You apply at the consulate if you are abroad or at a police station if you are in Spain. Without an NIE the notary can't authorise the deed, because the Tax Agency requires it.
NIE from your country
Terms you'll come across
The ones that come up in calls and emails, without having to open the Civil Code.
- Public deed
- A document signed before a notary. It is valid evidence against third parties, can be entered in the registers and, in some cases, can be enforced directly if it isn't paid.
- Notarial record (acta)
- The notary records a fact they have witnessed: a prize draw, the condition of a flat, a notification. It does not create rights.
- Power of attorney
- Authorisation for another person to act for you, in something specific or in general. You can revoke it before a notary whenever you want.
- Marriage settlement (capitulaciones)
- Agreement between spouses on the property regime: separate property, community of property or participation. It is signed before or during the marriage.
- Will
- It says how your estate is shared out when you die. An open will is signed in person before a notary and recorded in the Register of Last Wills.
- Acceptance of an inheritance
- The deed by which the heirs receive their share. Outright, if you are liable for all the debts, or with benefit of inventory, if you are only liable up to the value of what you inherit.
- Hague apostille
- A stamp that validates a Spanish document in the more than 120 countries of the Hague Convention. It is the usual way to legalise a document for use abroad.
- Certified copy (compulsa)
- The notary certifies that a copy matches the original, or that they have seen a foreign document.
- Signature authentication
- The notary certifies that a signature belongs to the person who claims it. It is simpler than a deed and gives backing to a private document.
- Official notary fees (arancel)
- What the notary charges, set by Royal Decree 1426/1989. It is the same across Spain; what differs between offices is the paperwork, timing and service.
- NIE
- Foreigner Identity Number. Any foreigner who signs something in Spain needs it: to buy, to inherit or to become a partner in a company.
- eIDAS (qualified signature)
- EU Regulation 910/2014, which gives a qualified electronic signature the same value as a handwritten one. It is the signature used for the notarial acts that Law 11/2023 allows to be signed by video call.
Frequently asked questions
How do I know if I need a notary?
You need a notary if you are going to register something in a public register (Land, Companies or Civil Registry) or if a bank or a town hall asks you for a public deed. A private agreement between two people that won't be registered normally doesn't need one.
Do different notaries charge different amounts?
The official notary fee doesn't change, because it is set by the State (Royal Decree 1426/1989). What does change is the work around it: processing, the Land Registry and taxes, which is usually the biggest part of the bill. Always ask for the total.
Can I sign a deed from another country without travelling?
Yes. The usual route is to grant a power of attorney before a notary in your country or before the Spanish consul, apostille it and send it to Spain, where someone you trust signs for you. Some procedures, such as powers of attorney for specific acts or setting up an SL, can also be signed by video call with the notary. General and lasting powers of attorney, wills and donations can't.
What do I do if I can't find my relative's will?
Ask the Ministry of Justice for the certificate of last wills. It shows whether they made a will and before which notary. If they didn't, the estate passes on intestacy and the law sets the order: children, parents, spouse, siblings.
Is a deed the same as an acta?
No. A deed creates or changes rights: a sale, an inheritance, a power of attorney, a will. An acta records a fact, such as a meeting or the condition of a flat. They have different effects and prices.
Do I need a lawyer as well as a notary?
It depends. For a sale or a simple power of attorney, usually not. For an inheritance where the heirs disagree, yes: the notary is impartial and the lawyer defends your position. If you set up an SL with foreign partners, it is worth having tax advice too.
How long does an online notarial procedure take?
A power of attorney, under 48 hours. An inheritance, between 2 and 8 weeks depending on the heirs and the assets. An SL through CIRCE, 7 hours. A property sale, 24-72 hours from when it reaches the notary. When something drags on it is usually because of the Tax Agency, the Registry or the bank.
Does a signature by video call count the same as signing in person?
Yes, for the acts the law allows to be signed that way. Law 11/2023 (article 17 ter of the Notarial Law) sets a closed list which includes, among others, powers of attorney and incorporating companies. The result is the same public deed, with the same legal force. Wills and donations are not on that list: a will is signed in person before the notary and a donation before a notary or with a power of attorney.
Still not sure which one is yours?
Tell us about your case by phone or through the form. We'll tell you which procedure it is and which documents you need to gather.