Frequently asked questions

Here you will find the documents required, indicative fees and answers to the most common questions about the procedures we handle most often. Click on each procedure to see the details.

Before signing. Please send the documents at least 3 working days in advance by email to general@armnotarios.com or hand them in at our reception. On the day of signing, everyone signing must bring their original, valid Spanish ID (DNI), foreigner’s ID number (NIE) or passport.
Payment methods: card, bank transfer or cash (up to €1,000, by law).
Fees: figures are indicative and include VAT. The final cost of each document depends on its length and the specific circumstances of each case.

Note: the deeds are drawn up in Spanish or Catalan. If you do not understand either language, an interpreter will be required.

Inheritance and wills

Will

Documents: original, valid DNI (or, failing that, passport or residence permit).

Prior appointment: personalised advice before signing is essential.

Indicative fees: €80 – €100.

Download the guide (PDF, in Spanish)

Living will (advance healthcare directive)

Documents:

  • Original DNI or passport, plus NIE or residence card if applicable.
  • Marital status, address and occupation.
  • Health card number (needed to send the document to the Catalan Health Service).

Optional: you may appoint a relative or trusted person to speak with the medical team on your behalf (full name, email and mobile number).

Indicative fees: €150 for the standard wording.

Download the guide (PDF, in Spanish)

Inheritance (acceptance and distribution of the estate)

Given the complexity of distributing an estate, we recommend bringing the original documents to the office. If you prefer, you can send scanned copies 3 working days in advance.

Personal details: DNI, passport or NIE of all heirs. If any heir has a recognised disability, the corresponding certificate.

If there is a will: authorised copy of the will, full death certificate, certificate from the Spanish Registry of Last Wills, certificate of life insurance policies and the deceased’s DNI.

If there is no will: in addition, family book, marriage and birth certificates of the deceased and the children, and the IDs of two witnesses (a declaration of heirs is required first; see next item).

Family home: historical census certificate of the deceased and the heir, for tax relief purposes.

Inventory of assets:

  • Property: title deeds, property tax (IBI) receipts and land registry references.
  • Financial products: bank certificates of balances at the date of death, statement of the last year’s transactions and balance of securities and shares.
  • Vehicles and expenses: vehicle registration documents, funeral invoices and expenses of the last illness.

Important: all certificates relating to the deceased must be dated after the death. If you have the family book, please ask us before requesting additional certificates.

Fees: personalised quote based on the inventory, the number of heirs and the complexity of the distribution.

Download the guide (PDF, in Spanish)

Declaration of heirs without a will (intestacy)

Procedure to determine who the heirs are when a person dies without a will.

Documents:

  • Death certificate and certificate of last wills (showing that there is no will).
  • Family book or birth or marriage certificates proving the relationship.
  • Original ID of the applicant (usually a child, the spouse or a close relative).
  • Two witnesses who knew the deceased and are neither relatives nor have any interest in the estate.

Frequently asked questions

Which notary should I go to? There is no free choice. The competent notary is the one at the deceased’s last address or habitual residence, where most of the assets are located or where the death occurred, or in an adjoining district.

How long does it take? It is a two-step process. After the initial signing, the law requires a wait of 20 working days before the notary can close the deed.

Who inherits under Catalan law? In this order: the children (with a life interest for the spouse or stable partner), the spouse or stable partner, the parents and other relatives (siblings, nephews and nieces). In Catalonia, a stable partner has the same intestate rights as a spouse.

Does it replace the inheritance deed? No. It only states who the heirs are. A deed of acceptance and distribution of the estate must then be signed.

Do all heirs need to attend? No. One heir and the two witnesses are enough.

What if the deceased lived abroad? Jurisdiction and the applicable law become more complex. A prior study of the nationality and last residence is essential.

Can it be done by video call? No. The applicant and the witnesses must attend in person.

Fees: higher than for a will, as two deeds are involved. Ask for a quote based on the number of heirs.

Download the guide (PDF, in Spanish)

Gift (donation)

Parties: original, valid DNI, passport or NIE of the donor (who gives) and the donee (who receives).

Depending on what is given:

  • Property: title deed and up-to-date land registry extract.
  • Movable assets (company shares, vehicles, works of art…): title or certificate of ownership and technical identification documents.
  • Money: always by traceable banking means (transfer receipt or copy of the cheque).

Fees: individual quote depending on the amount, the type of asset and any tax relief available to the donee.

Download the guide (PDF, in Spanish)

Homes and property

Buying or selling a home

Buyers and sellers: DNI, or NIE plus passport or residence permit; marital status, occupation and current address; marriage contract if married under separation of property (unless you have Catalan or Balearic civil status).

The property: land registry extract or deed, energy performance certificate, up-to-date property tax (IBI) receipt and certificate from the owners’ association confirming payments are up to date.

Transparency of funds: proof of payment of the deposit, source accounts of the funds and breakdown of all payments. Cash payments: maximum €1,000.

If a company is involved: deeds with the latest articles of association, beneficial ownership and proof of authority of the signatory.

Fees: calculated according to the purchase price and the specific features of each transaction.

Download the guide (PDF, in Spanish)

Mortgage transparency deed (Law 5/2019)

Before signing a mortgage loan on a home, the law requires the notary to advise you free of charge and impartially, and to check that you received the documents sufficiently in advance.

To prepare the deed we only need: the DNI or NIE of one of the borrowers and the name of the bank. We download the ESIS (FEIN), the FiAE, the draft contract and the payment simulation from the platform.

On the day: all borrowers and guarantors must attend with their original DNI or NIE and passport, and state their marital status, occupation and address. The notary will answer your questions without the bank being present.

Time limit: the bank must give you the documents in advance of signing the loan:

  • If your habitual residence is in Catalonia: at least 14 calendar days before, as required by the Catalan Consumer Code.
  • If you live outside Catalonia: at least 10 calendar days before (Law 5/2019).

The transparency deed must be signed before the mortgage.

Fees: €0. The deed is free of charge for you. You may choose your notary.

Download the guide (PDF, in Spanish)

Mortgage loan

Documents on the day: original, valid DNI or NIE plus passport. All other documents are obtained through the prior transparency deed or the bank’s agency.

Costs: since Law 5/2019, the bank pays the notary fees for the mortgage, the Land Registry, the agency and stamp duty (AJD). The customer pays the valuation and the costs of the purchase.

Timing: the mortgage is usually signed on the same day as the purchase, once the transparency deed has been signed and the waiting period has elapsed: 14 calendar days if the borrower lives in Catalonia (Catalan Consumer Code) or 10 if they live elsewhere (Law 5/2019).

Family home: if the mortgaged property is the family home, the spouse or partner must consent, even if they are not a borrower or owner.

Download the guide (PDF, in Spanish)

Mortgage cancellation

Documents:

  • Original, valid DNI, passport or NIE of the applicant.
  • Land Registry extract for the mortgaged property, or its registry details so that we can request it.
  • Zero-balance certificate issued by the bank.

Indicative fees: from €250, depending on the original mortgage amount. Please also ask about agency and Registry costs.

Download the guide (PDF, in Spanish)

Ending co-ownership (extinción de condominio)

Allows one of the co-owners to keep the property by compensating the others.

Documents:

  • DNI, NIE or passport of all co-owners; marriage contract if any; powers of attorney if anyone signs on behalf of another.
  • Title of acquisition (purchase, inheritance or gift), valid certificate of habitability and energy performance certificate.
  • Latest property tax (IBI) receipt, certificate from the owners’ association and recent utility bills.
  • If there is a mortgage: certificate of outstanding balance and, if the borrower changes, the bank’s consent.
  • Proof of payments or cheques for the compensation.
  • Cadastral certificate; building inspection report if the building is over 45 years old; separation agreement if arising from a divorce.

Frequently asked questions

Can I choose the notary? Yes, any notary in Spain, wherever the property is located.

How is it different from a sale? It dissolves a co-ownership and is usually cheaper in tax terms: it is subject to stamp duty (AJD, currently 1.5% in Catalonia) instead of transfer tax.

Must everyone agree? Yes. If someone refuses, the matter must go to court.

Can several properties be included? Yes, compensating any difference in value.

What is an excess allocation? When one co-owner receives more value than their share. It must be compensated financially so that it is not taxed as a gift.

Is municipal capital gains tax (plusvalía) payable? Not in a pure termination of co-ownership.

What happens to the mortgage? The bank must consent to the change of borrower. Otherwise, the person leaving remains liable to the bank.

Is it common between siblings after an inheritance? Yes, it is the usual way for one of them to keep the family home and compensate the others.

Can it be done by video call? No. You must attend in person.

Download the guide (PDF, in Spanish)

Family, partnerships and immigration

Stable partnership: registration

Documents for both partners: DNI, or passport plus NIE or residence card, original and valid.

Residence: at our office, both partners must prove legal residence in Catalonia for at least 2 months before signing. Addresses in other Spanish regions or abroad are not accepted.

Information required: occupation and marital status of both, joint address and whether there are children.

Indicative fees: €200, including filing with the Catalan Government’s Registry of Stable Partnerships.

Download the guide (PDF, in Spanish)

Stable partnership: dissolution

Documents:

  • Valid DNI, NIE or passport of the person (or both persons) attending.
  • Copy of the deed creating the partnership and certificate from the Catalan Registry of Stable Partnerships.
  • If the dissolution is unilateral, the other partner’s exact address for notification.
  • Family book, if there are children.
  • Agreements on use of the home and payment of utilities or rent, if any.

Frequently asked questions

Can I choose the notary? Yes. But if the dissolution is unilateral, the notary can only notify the other partner at an address within the notary’s district.

Must both partners attend? It is advisable, as it allows the financial effects to be agreed. However, the law allows one partner alone to dissolve it.

What if it is unilateral? The notary authorises the dissolution and then notifies the other partner at their address.

Does marriage end it? Yes, if one partner marries someone else. Even so, it is advisable to deregister it.

What if we have minor children? Dissolution before a notary is possible, but agreements on custody and maintenance must be approved by a court.

Do I lose inheritance rights? Yes. The rights that Catalan law grants to a partner are lost: intestate succession and the widow’s/widower’s quarter (quarta vidual).

Can it be done by video call? No. Attendance in person is required.

Download the guide (PDF, in Spanish)

Marriage file (pre-wedding procedure)

The compulsory preliminary procedure confirming that the couple may marry.

Documents for both partners:

  • Original, valid DNI, NIE or passport.
  • Historical census certificate for the last two years.
  • Full birth certificate (issued within the last 6 months).
  • If previously married: marriage certificate with divorce annotation, or death certificate.

Frequently asked questions

Which notary is competent? A notary in the town where at least one of the partners is registered as resident. Within that town you may choose.

Can we marry elsewhere? Yes. With a favourable file you can marry at any notary, town hall or court in Spain.

What is the private interview? The notary interviews the couple and a witness to confirm there are no impediments and that consent is free and genuine.

How long does it take? Usually 3 to 6 weeks once all documents have been provided.

Does it expire? Once approved, you have one year to marry.

What if one partner is a foreign national? Certificates from their country must be apostilled or legalised and, where applicable, have a sworn translation.

Does it include the wedding? No. They are two separate documents: the file and the marriage deed.

Can it be done by video call? No. The personal interview requires attendance in person.

Download the guide (PDF, in Spanish)

Getting married before a notary

Requirements:

  • A completed marriage file with a favourable decision (from the Civil Registry or another notary).
  • Two adult witnesses, who may be relatives or friends.
  • Original, valid DNI, NIE or passport of the couple and the witnesses.
  • If you wish to exchange rings or read vows, let us know in advance.

Frequently asked questions

Can we choose the notary? Yes, any notary in Spain, with a favourable file.

What property regime will we have? In Catalonia, unless you sign a marriage contract, separation of property applies. You can sign a marriage contract on the same day if you want a different regime.

How is it registered? We send the deed electronically to the Civil Registry after signing. On the day we give you a simple copy as proof of marriage.

How many guests can come? It depends on the capacity of our signing room. For groups of more than 10 to 15, please ask us.

Can the ceremony be personalised? Yes. Besides the compulsory legal part, short readings, exchange of rings and background music are possible.

What if one partner speaks neither Spanish nor Catalan? An interpreter is compulsory.

Must the witnesses be the same as in the file? No.

Can it be done by video call? No. The couple and the witnesses must attend in person.

Download the guide (PDF, in Spanish)

Oath of Spanish nationality

Documents:

  • Original, valid NIE, passport and residence card.
  • Decision granting nationality.
  • Up-to-date census certificate (issued within the last 3 months).
  • Birth certificate from your country of origin (translated and apostilled if not in Spanish).
  • Criminal record certificate.

Indicative fees: €100 – €150.

Download the guide (PDF, in Spanish)

Invitation deed (visits by foreign nationals)

Certifies that you will host a foreign national visiting for private or tourist purposes.

Documents:

  • Host: original, valid DNI, NIE or passport and, if a foreign national, proof of legal residence.
  • Guest: legible copy of passport, home address and date of birth.
  • Accommodation: title deed or rental contract and full address.
  • Stay: approximate travel dates (maximum 90 days) and relationship with the guest (family or friendship).

Frequently asked questions

Can I choose the notary? Yes, any notary in Spain.

Does it replace the police invitation letter? They are different procedures. The notarial deed is highly valued by consulates when granting visas, although the police sometimes require their own form.

Must the guest sign? No. Only the host signs.

How far in advance? 1 to 2 months before the trip.

Must I be registered at the address? It is usual, but the key point is proving that you have the right to use the home.

Can I invite several people? Yes, if they belong to the same family or travel group.

Can it be done by video call? Yes, through the Notarial Citizen Portal, with a qualified electronic signature.

Download the guide (PDF, in Spanish)

Family reunification deed

Certifies the housing and commitment requirements in family reunification procedures in Catalonia.

Documents:

  • Sponsor: original, valid NIE (or DNI if Spanish) and residence card.
  • Family members: full copy of passports and marriage or birth certificates (apostilled or translated).
  • Housing: title deed or valid rental contract and the Catalan Government’s adequate-housing report.
  • Means of support: employment contract and latest payslips or, if self-employed, latest tax return and social security payments.

Frequently asked questions

Can I choose the notary? Yes, any notary in Spain.

How does it differ from an invitation deed? An invitation is for short stays (maximum 90 days); reunification is for obtaining residence for close family members.

Whom can I bring? Mainly a spouse or partner, children under 18 (or with disabilities) and parents where justified.

Is a rented room enough? Usually not: the Immigration Office requires a complete, adequate home.

Must my relatives attend? No. Only the sponsor signs.

How long does it take? Signing is immediate once the documents are checked, and the copy is issued on the spot or within 24 hours.

Can it be done by video call? Yes, through the Notarial Citizen Portal, with a qualified electronic signature.

Download the guide (PDF, in Spanish)

Powers of attorney

Powers of attorney: types and fees

Documents: original, valid DNI, passport or NIE of the grantor, with marital status and occupation; and DNI, passport or NIE and address of the attorney.

Purpose: it is essential to define what the power is for: buying, selling, inheritances, banking or administrative matters, litigation, use abroad, etc.

General power with appointment of a support person: the grantor’s birth certificate is required.

Business powers: deed of appointment, beneficial ownership deed and company tax ID (CIF). We can obtain the Commercial Registry extract (€30 + VAT).

Indicative fees (VAT included):

  • Litigation power: €60 – €100.
  • Special power: €90 – €110.
  • Business power: €150 – €200.
  • General power with support person: €150 – €200.

The cost may vary with the number of attorneys.

Download the guide (PDF, in Spanish)

General power of attorney for individuals

Documents: original, valid DNI, passport or NIE of the grantor and the attorney, and the grantor’s marital status and occupation.

Usual powers: buying, selling, managing bank accounts, representation before public bodies and contracting on the grantor’s behalf.

Continuing power clause: normally a power of attorney ceases to work if you lose capacity. With this clause, it keeps working precisely when you most need someone to help you. You decide whether to include it.

Indicative fees: €150 – €200, depending on length and number of attorneys.

Download the guide (PDF, in Spanish)

Power of attorney for litigation

Grantor: original, valid DNI, passport or NIE, marital status and occupation. If a company, deed of appointment and beneficial ownership deed.

Attorneys: full names of the lawyers and court representatives (procuradores), membership numbers and bar association, and law firm if applicable.

Scope: allows these professionals to act on your behalf before courts and public authorities.

Indicative fees: €60 – €100, depending on whether the grantor is an individual or a company and the number of attorneys.

Download the guide (PDF, in Spanish)

General business power of attorney

Documents:

  • Valid DNI or NIE of the director granting the power.
  • Authorised copy of the company deeds and its tax ID (CIF).
  • Full name, DNI or NIE and address of the attorney.
  • List of powers (banking, judicial, administrative…) and, if desired, limits on amounts and duration.

Frequently asked questions

Can I choose the notary? Yes, any notary in Spain.

Must the attorney attend? No. They will only need the authorised copy.

Who can grant it? Anyone holding office with sufficient authority.

Must it be filed with the Commercial Registry? General powers, yes. Special or litigation powers, no.

How is it revoked? By a deed of revocation. It is advisable to notify the attorney and recover their copy.

Is it valid abroad? Yes, with an apostille or legalisation and, depending on the country, a sworn translation.

Can it be done by video call? Yes, through the Notarial Citizen Portal, with an electronic signature.

Download the guide (PDF, in Spanish)

Companies

Setting up a limited company (SL)

First: name reservation certificate from the Central Commercial Registry (www.rmc.es) and the CNAE code of the main activity.

Shareholders: DNI or NIE, marital status, occupation and address of each founder. If a shareholder is a company: registry details, identification of its representatives, apostille if foreign and beneficial ownership deed.

Structure: management body (sole, joint and several, or joint directors), whether the office is paid, and registered office.

Share capital: from €1 (Law 18/2022, «Crea y Crece»). Below €3,000, special rules apply on reserves and shareholders’ liability. It may be contributed by bank certificate, contribution of assets or responsible declaration.

Indicative fees: notary, about €300; Commercial Registry, about €250 (example for 4 shareholders and €3,000 capital, VAT included). Through a PAE / CIRCE point, the combined cost is lower (about €200).

After signing the deed must be filed with the Commercial Registry, the Tax Agency and Social Security. Please consult your tax adviser.

Download the guide (PDF, in Spanish)

Change of directors

Representative: original, valid DNI, passport or NIE of the directors or signatories, with their occupation and address. If an attorney signs, the power of attorney; otherwise, the deed of appointment.

Documents: DNI or NIE of the outgoing and incoming director; company tax ID; deed of incorporation or current articles; beneficial ownership deed; and certificate of the resolution (signed by the secretary with the chair’s approval) recording the removal and appointment.

Acceptance: the new director must accept the office and declare that no incompatibility applies. If they do not attend, they must provide their acceptance with a notarised signature.

Indicative fees: notary €275; Commercial Registry €300; processing €150. Higher for a board of directors or several appointments.

Download the guide (PDF, in Spanish)

Sale of company shares (participaciones)

Signatories: original, valid DNI, passport or NIE, occupation, marital status and address, and marriage contract if any. If a signatory is a company: registry details, representative’s ID, apostille if foreign and beneficial ownership deed.

Title: deeds proving ownership of the shares being sold.

Articles of association: to check for any restrictions on transfer.

Indicative fees: from €200, depending on the amount, complexity and number of buyers and sellers.

Download the guide (PDF, in Spanish)

Amendment of articles of association

Representative: original, valid DNI, passport or NIE of the directors or signatories, with their occupation and address. If an attorney signs, the power of attorney; otherwise, the deed of appointment.

Company: name, tax ID and copy of the deed containing the current articles.

Includes, among others: change of registered office, removal and appointment of directors, change or extension of corporate purpose and any other amendment.

Indicative fees: notary, about €275. Please also ask about agency and Commercial Registry costs.

Download the guide (PDF, in Spanish)

Transfer of registered office

Representative: original, valid DNI, passport or NIE of the directors or signatories, with their occupation and address. If an attorney signs, the power of attorney; otherwise, the deed of appointment.

Documents: company tax ID, deed of incorporation or current articles, beneficial ownership deed and certificate of the resolution of the management body or general meeting.

Within the same Spanish region (e.g. Barcelona to Sabadell): simple procedure with standard costs.

To another region (e.g. Barcelona to Madrid): the file moves from one Commercial Registry to another, doubling the Registry costs.

Indicative fees: notary €275; Commercial Registry €300 (€600 if to another region); processing €150.

Download the guide (PDF, in Spanish)

Dissolution and liquidation of a limited company

Representative: original, valid DNI, passport or NIE of the directors or signatories, with their occupation and address. If an attorney signs, the power of attorney; otherwise, the deed of appointment.

Shareholders: DNI or NIE of all shareholders at the time of closure.

Documents: certificate of the general meeting resolution to wind up the company and liquidation balance sheet closed on the date of the meeting. There must be no outstanding debts (except to shareholders).

Liquidation share: identify the assets to be distributed. Each shareholder’s share must match their percentage of capital.

Taxes: 1% on the value of the assets allocated to shareholders (capital duty).

Indicative fees: notary, about €600; Commercial Registry, about €400 (example for an SL with 4 shareholders and €2,000 of assets each).

After signing the deed must be filed with the Commercial Registry, the Tax Agency and Social Security.

Download the guide (PDF, in Spanish)

Beneficial ownership deed

Identifies the individuals who control a company, as required by anti-money-laundering rules.

Representative: original, valid DNI or passport and NIE, and the power of attorney or deed of appointment.

Company: name and tax ID (must match the latest deed).

Beneficial owners: DNI, passport or residence permit of those who control the company or hold more than 25% of the capital.

Indicative fees: €100 – €150.

Download the guide (PDF, in Spanish)

Notarial certificates (actas)

Statutory declaration for use abroad

Records your declarations before a notary for use in another country (equivalent to an affidavit or statutory declaration).

Documents: draft text required by the destination country; supporting documents if necessary; and an interpreter if you speak neither Spanish nor Catalan. Tell us the destination country to know whether an apostille is needed.

Frequently asked questions

Can I choose the notary? Yes, any notary in Spain.

What does the deed certify? The notary does not certify that the statements are true, but that you made them before the notary. You are warned of the consequences of making false statements.

Can the notary refuse? Yes, if the statements are contrary to law or public policy, or should be made in a public deed instead.

Can it be drawn up in another language? Yes, in two columns if the notary knows the language, or with a translator who also signs.

How much does it cost? Usually €80 – €150, depending on the number of pages. The apostille is not included.

Can it be done by video call? No. Attendance in person is required.

Download the guide (PDF, in Spanish)

Formal notice and demand (notificación y requerimiento)

Used to inform someone of something, or to require them to act, with full proof of delivery.

Documents: DNI, NIE or passport of the applicant (and power of attorney if acting for a company); clear text of the notice or demand; exact address of the recipient; and any documents to be delivered or supporting the notice.

Time frames: notice is usually served within 2 to 3 working days of signing. Tell us if there is a deadline. The recipient has 2 working days to reply in the deed.

Frequently asked questions

Can I choose the notary? For delivery by hand, the recipient’s address must be within the notary’s district.

Notice or demand? A notice passes on information; a demand also asks the recipient to do something, stop doing something or state their position.

Can the recipient reply? Yes, on the spot or at the office within the next two working days, and the reply is added to the deed.

Is it better than a burofax? The deed also proves who received the notice (or the attempted delivery) and is a public document with strong evidential value.

What if they refuse to sign for it? The notice is still valid: the notary records the refusal.

Can it be done by video call? No. The notary must go to the address.

Download the guide (PDF, in Spanish)

Any other questions? Write to us at hola@armnotarios.com or via WhatsApp (written messages only). Phone: +34 93 467 44 33 · Mobile: +34 607 528 063.
General, indicative information. It does not replace advice on your specific case.