Calculation of the notary fee

Prices regulated by law

The fees for the notarial acts of a notary are regulated by the Notary Fees Act, and the fees are the same for all notaries in Estonia. If a person’s financial circumstances do not allow them to pay the notary fee, it is also possible to apply for an exemption from the fee.

About the fees

The notary fee covers both the performance of the notarial act and the provision of related legal and technical services, for which the notary is paid. The notary fee is usually calculated on the basis of two general principles: it either depends on the transaction value of the notarial act or is a fixed amount. VAT is always added to the notary fee.

How are the fees dependent on transaction value calculated?

The transaction value is determined by the value of the item or right that is the object of the notarial act at the time the act is performed. The value is the amount declared by the persons requesting the transaction.

For example, if a property is sold for €50,000, the transaction value is €50,000. The same applies when this property is gifted, as the transaction value depends on the value of the property, not on the type of transaction.

When a mortgage is created or deleted, the transaction value is two-thirds of the mortgage amount.

In the case of the memorandum of association or foundation resolution of a private limited company or a public limited company, the transaction value is the amount of the proposed share capital.

If the value of the asset or right declared by the contracting parties is lower than its market value, the transaction value will be determined on the basis of the land’s taxable value, the amount of the mortgage entered in the Land Register, the value of the building entered in the Register of Construction Works, the sum insured of the asset or right, or other reliable data, such as the market price.

Example of calculation of the notary fee

The parties entered into a contract of sale, in which the price of the property was stated as €50, 000.

Under the Notary Fees Act, the fee for a property transaction worth €50,000 is €83.70.

As the transaction is bilateral, the notary fee is multiplied by two: 2 × 83.70 = €167.40, plus VAT.

Notarial acts subject to a fixed fee

Notarial acts subject to a fixed fee are, for example:

  • authentication of a will – €40,36;
  • authentication of an application for commencement of succession proceedings – €79,24;
  • authentication of an application for accepting succession – €80,79;
  • authentication of a power of attorney granted to receive a pension or maintenance support – €3,96;
  • authentication of other power of attorney of a natural person – €31,62;
  • authentication of a power of attorney issued by a legal person – €61,01;
  • preparation of a draft application to be submitted to the land registry or registration department of a court, the certification of the signature of the applicant and the issue of a digital copy of the application – €44,33.
  • certification of a signature – €15,81;
  • certification of a copy or extract of a document, as well as a printout – €3,96 per page, but not more than €39,62 in total;
  • fee for the contraction of a marriage or confirmation of a divorce – €79,36. It is worth noting that if the couple wish to get married outside a notary’s office and outside the notary’s office hours, the fee is subject to agreement.

Hourly rate for work carried out outside the office

An additional hourly fee must be paid for some notarial services. This applies where a notarial act is carried out outside the notary’s office or outside the notary’s working hours (working hours are 9–18 on working days). In such cases, a fee of €4,71 per hour will be added for the time spent on the act.

The client must ensure the necessary transport. If a notary uses their own vehicle, a fee of €4,71 per hour must also be paid for this.

In addition to the notary fee, any reasonable expenses incurred in connection with the act, such as those for long-distance calls, faxes and postage, must also be reimbursed.

Notary fee for notarial services

The fee for notarial services provided by a notary is agreed between the parties.

Exemption from the notary fee

A person may be exempted from paying the notary fee if, due to their financial circumstances, they are unable to pay for the notarial act or if, after paying the fee, they would not have sufficient funds left to cover their day-to-day living expenses. In such cases, the Chamber of Notaries pays the notary fee on the person’s behalf.

An exemption may only be requested in respect of the procedures specified in the Notary Fees Act. These include the certification and revocation of powers of attorney granted by natural persons, procedures relating to wills and inheritance, and the issue of apostilles.

The request must be submitted to the county court of the person’s place of residence within 10 days of receiving the invoice from the notary. If the requestor does not have a permanent place of residence in Estonia, the request may be submitted to the county court within whose territorial jurisdiction the requestor is staying. The request must be submitted in writing in Estonian.

The following must be stated in the request for exemption from the fee:

  • the requestor’s name, personal identification code (if none, date of birth), address and contact details;
  • description of the issue, explaining why the requestor needed the notarial act and what benefit the requestor will derive from it;
  • the extent of exemption from payment of the notary fee being requested (whether to the extent of the full amount of the notary fee or a part of the fee);
  • the reason why exemption from the notary fee is requested;
  • the requestor’s signature and the date.

The following must be enclosed with the request:

  • invoice for the notary fee;
  • a copy of the notarial instrument;
  • a statement signed by the requestor regarding their financial circumstances;
  • where possible, other proof illustrating the financial situation.

The decision on exemption from the notary fee is made by a county court or an assistant judge, and the exemption may be full or partial.

If a person knowingly provides false information in a request for exemption from the notary fee and would not have been exempted from the fee in whole or in part had the correct information been provided, the Chamber of Notaries may reclaim from that person the costs associated with the exemption. In addition, the Chamber of Notaries may charge interest at a rate of 6% per year on any outstanding notary fees and costs relating to notarial acts, calculated from the date on which the Chamber of Notaries paid the fee and reimbursed the costs to the notary.

Notary fee calculators

In the case of the sale and purchase of property, the notary fee depends on the sale price of the property and the value of any existing or future mortgages.

Fees for making copies may be added to the notary fee.

The fee for drawing up a draft application for registration to be submitted to the Registration Department of the court, certifying the applicant’s signature and issuing a digital copy of the application is €42.90.

Useful links

Legislation

Contact and help

If you have agreed on a transaction or need advice, please contact a notary.