7 Types of Transactions That Require a Notary

Without notarization, these agreements may be considered invalid.

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Who Is a Notary and Why Are They Needed?

Many agreements can be made simply without third-party involvement. For example, selling an apartment or a car typically requires only signing a purchase agreement (in the case of an apartment, registration with the property registry is also necessary). For transactions under $10,000, individuals might even agree verbally without signing documents.

However, some transactions must be notarized due to potential risks involved. This usually happens when there is a high chance of disputes or infringement on someone’s rights.

A notary is a professional who ensures the transaction is properly executed. They verify the legality of the process and documents, confirm that all parties have the authority to sign, explain the implications of the agreement to the participants, and confirm their legal capacity. Additionally, the notary keeps a copy of the contract, which can be requested if the original documents are lost.

While notarization doesn’t fully prevent future disputes or court cases, it significantly increases the likelihood of preserving the agreement’s terms. Attempting to bypass a notary when required by law can lead to the transaction being declared null and void, meaning it legally never took place.

Transactions That Must Be Notarized

1. Annuity Agreements

This type of transaction involves the owner transferring property to another party in exchange for periodic payments or other forms of support.

Often elderly individuals enter such agreements, transferring their home on the condition they can live there until death. The recipient must regularly provide money, buy groceries and medicine, assist with cleaning, and so on, depending on the contract terms.

There are many nuances in annuity agreements, especially for those making payments. More details can be found in specialized articles.

2. Transfer of a Share in Real Estate

Transfer refers to any form of property disposition, including sale, exchange, gift, or other actions resulting in the owner relinquishing their rights.

Until recently, all transactions involving shares in a house or apartment required notarization. For example, if a mother and daughter co-owned an apartment and wanted to sell their shares, they and the buyers had to visit a notary.

Current rules have changed: if all owners sell their shares together in one transaction, notarization is not required. However, selling only a part of the property still mandates a notary.

3. Transfer of Property Owned by a Minor or a Person with Limited Legal Capacity

When someone legally cannot manage their property, a representative—such as a parent for minors—acts on their behalf.

By law, guardians can only manage property in the owner’s best interests. For example, selling a three-room apartment to buy a studio without proper authorization is prohibited. Procedures like obtaining consent from guardianship authorities exist to prevent misuse. This is why notarization is required.

4. Wills

A will must be written and notarized. In rare cases, when a notary is unavailable, local government officials may certify it. However, simply writing a will on a napkin and expecting it to be executed is not legally valid.

For more information on drafting wills and inheritance procedures, see dedicated resources.

5. Inheritance Contracts

An inheritance contract is similar to a will but involves transferring property under specific conditions. For example, a grandchild may inherit an apartment on the condition they care for ten cats belonging to the deceased.

6. Prenuptial Agreements

By default, property acquired during marriage is jointly owned and divided equally. A prenuptial agreement allows spouses to arrange property division differently, provided it is fair.

Such agreements involve many complexities and a high risk of disputes, so they must be concluded in the presence of a notary.

For further details on prenuptial agreements, please refer to our specialized articles.

7. Child Support Agreements

This document formalizes child support obligations, specifying who pays, how much, when, and for how long.

It benefits both parties: payers can prove fulfillment of obligations with bank statements or similar documents, while recipients can seek enforcement through authorities without court intervention if payments stop.

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