Step 1

What is a certificate of notoriety?

It is the notarial document by means of which, in view of the documentation provided by the applicant and the evidence considered appropriate by the notary, a certain fact or circumstance is declared notorious or proven, from which personal or patrimonial rights or situations with legal transcendence will derive.

Step 3

How much does it cost to grant a notoriety certificate?

See indicative budget

This is a merely informative and non-binding estimate. This estimate is calculated based on two criteria: 1) our knowledge of the Notarial Tariff and 2) our daily experience in the preparation of this type of notarial document. (Royal Decree 1426/1989, November 17, 1989). and 2) our daily experience in the preparation of this type of notarial document. However, any variation (upward or downward) will be duly justified at the time of issuing the final invoice for the notarial service rendered.

Step 4

More frequently asked questions

What does a notoriety act consist of?

As indicated in the presentation of this instrument, the acts of notoriety consist of a notarial intervention in which the Notary, in view of the documentation provided by the applicant and the evidence he/she considers appropriate, declares notorious or proven a certain fact or circumstance, in view of which, legal rights or consequences will be derived for the persons involved.

<ejemplo>Así pues, por ejemplo, si una persona ha sido instituida como legataria de la cantidad de 100.000 euros, con la condición de que finalice sus estudios de Grado en Derecho, este legatario, mediante un acta de notoriedad, podrá acreditar ante un Notario, mediante un acta de notoriedad, que efectivamente ha finalizado sus estudios universitarios (presentando para ello su expediente académico y el resguardo de solicitud de su título universitario), tras lo cual, presentando dicha acta de notoriedad al heredero gravado o albacea, conseguirá el abono de dicho legado.<ejemplo>

From a legal point of view, in accordance with Article 209 of the Notarial Regulations, the purpose of notoriety deeds is to verify and establish notorious facts on which rights may be founded and declared and personal or property situations may be legitimized, with legal significance.

What is a certificate of notoriety for?

As mentioned above, the notoriety acts allow declaring as notorious or proven certain rights or situations from which consequences in the patrimonial or personal sphere are derived for certain persons.

On this basis, it is necessary to indicate that, in practice, it is very common to resort to this instrument in the following situations:

  • In the first place, in the so-called acts of declaration of intestate heirs, which are the instrument that allows to determine which persons will have the quality of heir of a deceased person, when he has passed away without a will.

    Thus, for example, if Santiago, an 80 years old man, divorced, who has a daughter named Carlota, dies without a will, if Carlota wants to inherit the assets of her deceased father, she will have to file a declaration of intestate heirs act, in which her condition of heir is declared and recognized, as a prerequisite to be able to later accept the inheritance of her deceased father.

    this specific case, however, interested parties should bear in mind that, given the specific characteristics and importance of this instrument, its detailed analysis is carried out in the "SUCCESSIONS" section of this website, where they can find much more detailed information in this regard.
  • Likewise, in the inheritance field, it is also usual to resort to the notoriety deed when it is necessary to prove a certain fact or circumstance that gives rise to the birth of an inheritance right in favor of a person, especially in the case of those known as "conditional calls".

    Thus, for example, if Santiago disposes in his will that he bequeaths all his goods in favor of Juan and Maria, and if these die, in such case the designated heir will be Mrs. Ana, if indeed, when Santiago dies, Juan and Maria have also already died, Mrs. Ana, in order to prove her right, can resort to the notarial act, she can resort to the act of notoriety, and providing the corresponding documents (as for example the death certificates of Juan and Maria), to prove or give notoriety to the fact of the death of these persons, for the purpose of proving the relevance of her inheritance rights.
  • Also, in the inheritance field, notarial deeds may be a useful instrument to prove that a certain condition has been fulfilled, when the heir or legatee has been recorded with a condition(let us recall the initial example of the bequest conditioned to the obtaining of a university degree).
  • On the other hand, in the real estate/registry field, notoriety deeds are also often used as a complementary instrument for the immatriculation of properties in the Land Registry, that is, the registration of properties that until now were not registered in the Land Registry.

How will the notoriety act be formalized?

In accordance with the regulations applicable to this instrument (Article 209 of the Notarial Regulations), the following requirements shall be observed in the notarial deeds of notoriety:

In the first place, it is necessary to indicate that the act will begin with a request by the interested person before the chosen Notary. In this regard, it is necessary to indicate that:

  • The applicant must prove his or her legitimate interest.
  • And likewise, this person must declare and assert, under his responsibility, the certainty of the fact whose notoriety is intended to be declared, under penalty of falsity in a public document.

Having said this, if the chosen Notary is competent and accepts the request, he/she will perform, in order to verify the notoriety claimed, as many tests as he/she deems necessary, whether or not they are proposed by the requesting party. 

  • For this purpose, it shall request from the interested party all the documents and means of proof it deems appropriate.
  • The notary may also issue summons and notifications in person or by edicts when the applicant so requests or when the notary deems it necessary.
  • Likewise, in the event that it is presumable, in the opinion of the Notary, that the declared fact may cause damage to third parties, known or unknown, the initiation of the record will be notified by letter or edicts, so that within a period of twenty days they may allege what they deem appropriate in defense of their rights, and the Notary shall interrupt the instruction of the record, when appropriate, by application of number five of this article.

Once all the necessary tests have been carried out, a record will be made of all of them, with their details, in the minutes of notoriety, as well as a copy of all the requirements made with their answers, the supporting documents of summons and summons, the indication of the claims presented by any interested party, and the reservation of the rights corresponding to the same before the Courts of Justice.

In view of the result of all this evidentiary activity, the Notary, if from the examination and qualification of the evidence and the result of the proceedings, he/she considers that the notoriety claimed is justified, he/she shall so state, which shall conclude the record.

Likewise, when in addition to verifying the notoriety, the recognition of rights or the legitimization of personal or patrimonial situations is sought, this shall be requested in the initial request, and the Notary shall issue a judgment on the same, formally declaring them, if they are evident by direct application of the legal precepts relevant to the case.

Are there any additional aspects to be taken into account in the processing of notoriety certificates?

Indeed, as has been indicated in previous questions, in relation to the acts of notoriety it is necessary to know that some of its modalities (such as the acts of declaration of intestate heirs or those that can be granted for the immatriculation of estates) are regulated in their specific regulations, so that the particular procedures and requirements established therein must be observed for their correct granting.

What kind of tests are usually performed in a notoriety record?

In an act of notoriety, any evidentiary activity considered appropriate and admitted by law may be carried out.

However, in practice, the most common practice is that the interested parties, in order to prove the right or situation that is intended to be declared notorious, provide:

  • Or documentary evidence: such as contracts, certificates issued by administrations, public deeds, etc.
  • Or the use of testimonial evidence, that is, the appearance of persons who, because of their personal or patrimonial relationship with the subject matter of the notoriety act, can provide their knowledge on the state of the matter that contributes to declare or not declare the notoriety that is sought.
See more frequently asked questions

What happens if, in the course of the notoriety proceedings, a judicial proceeding concerning the same facts is initiated?

In accordance with the regulations governing this matter, in these cases, the instruction of the record will be interrupted, once it is accredited before the Notary in question that a lawsuit has been filed in a declaratory judgment, with respect to the fact whose notoriety is sought to be established.

This interruption shall be maintained for as long as the judicial process lasts, and the same shall terminate, and therefore the act may be terminated, when the claim in question has been expressly dismissed, when it has not been given rise to by a final judgment or when it has been declared lapsed at the request of the plaintiff.

How can I request a Notary to grant a notarial deed of notoriety?

In this case, the interested party must contact the notary's office and explain the type of notoriety deed he/she requires and, in view of this, his/her needs will be referred to the corresponding officer, who will contact him/her and explain everything necessary to carry out the required procedure, since, given the disparity of objects of this type of deed, its particulars will vary greatly depending on the specific case.

Step 5

Where can I consult the applicable regulations?

Step 6

Make an appointment