Five matters you can handle before a notary instead of court

It is the law expanding notarial competence to voluntary-jurisdiction proceedings — matters where there is no dispute between parties — which until 1999 were heard only in the courts (4 L.P.R.A. §§ 2155-2166). Its purpose, per the statement of motives, was to relieve the Judiciary’s workload so judges’ time could go to contested and criminal matters, and at the same time to bring closer to the public a set of proceedings very important for handling everyday situations. The competence may be exercised by any person admitted by the Supreme Court of Puerto Rico to practice as attorney and notary.

Anyone with standing to initiate one of the five proceedings the law lists. The notarial proceeding begins by request from whoever has standing, and every statement you make to the notary that is essential to processing the matter must be made under oath.

• That the matter is one of the five the law lists: declaration of heirs, holographic will, simple absence, perpetuating facts under Rule 42.2, or correction of Demographic Registry records and change of name or surnames.Verified against the official source
• That there be no controversy: if a supported objection from the Prosecution arises, or a controversy among those showing legitimate interest, the notary ceases the proceeding.Verified against the official source
• Going to a person admitted by the Supreme Court to practice as attorney and notary.Verified against the official source

• The documentation the case requires: it may be provided by whoever requests the notary’s action or obtained by the notary.
• The written fee agreement: the law requires the notary and the requester to agree on fees in writing.

1. 1

   Step 1: Check that your matter is on the list of five

   Article 2 lists them and admits no more: (1) testate and intestate proceedings, that is, the declaration of heirs; (2) authentication and protocolization of a holographic will; (3) the declaration of simple absence; (4) proceedings under Rule 42.2 of Civil Procedure to perpetuate facts where no controversy is raised and that cannot harm a certain and determined person, nor be used to confer an identity on a person; and (5) proceedings to correct records held at the Demographic Registry and changes of names and surnames. Outside that list, and the matters other laws already assigned to notaries, the forum is still the court.

2. 2

   Step 2: You choose: the competence is concurrent

   Article 3 says it plainly: notarial competence in these matters is concurrent with that exercised by the Courts, and the petitioner has the option of bringing the matter before the notary or before the Court, as they see fit. No one forces you onto one route. What changes between them are the costs, the deadlines and the effect of the result.

3. 3

   Step 3: Agree on fees in writing before starting

   The notary and the requester shall agree in writing on the notarial fees, if any. The requester is directly responsible for paying the expenses, costs and disbursements of the proceeding, as well as the fees for any expert opinions the notary may require. And note this: in every situation where the notary’s intervention ceases, they may charge the fees earned up to that moment. The law sets no rates — which is why we publish none.

4. 4

   Step 4: Know what the notary does and on what deadlines

   The proceeding begins by request. The notary must notify the General Registry of Notarial Competences of the start of their intervention within three (3) business days of signing the professional services contract — a strict-compliance term; gather the documentation; qualify and determine whether the documents meet the requirements; and, if appropriate, record in a notarial act your name and surnames, the steps taken, the statements received and documents examined, and the declaration of facts and law. They must also prepare a file with the sworn statements, documents, notices and an index, and send notice of their determination to the Registry within seventy-two (72) hours.

5. 5

   Step 5: Count the Prosecution’s 30 days when applicable

   In matters where the interested parties include minors or judicially incapacitated persons, or where a change of name or surname is requested, or in ad perpetuam rei memoriam matters or a declaration of simple absence, the notary shall notify the Prosecution by certified mail or by messenger with acknowledgment of receipt. Once thirty (30) days from the notice pass without a written objection being recorded, the notary continues their intervention, recording it in the act with reliable evidence of the notice. The notary may also appear personally at the Prosecution’s offices and request its view, recording it in the act. An objection from the Prosecution suffices for the notary’s action to cease.

6. 6

   Step 6: Know when the notary must stop

   Article 6 lists the grounds for cessation: if the notary concludes, after qualifying the documents, that the requested declaration does not lie, they will return all documents to you, explain the reason and notify the Registry within three business days. They also cease if they did not receive within a reasonable time the necessary information or documentation; if a supported objection from the Prosecution arises in cases requiring it; if a controversy or objection arises among those showing legitimate interest; if voluntary cessation is requested by the requester or on the notary’s initiative; or if they learn the matter is being processed in court. In all those cases, you and the notary must honor what was agreed on fees.

7. 7

   Step 7: Understand the effect: it is not res judicata

   Article 9 marks the most important difference from the judicial route: the result of the notarial action in matters of notarial competence shall not have res judicata effect. It shall, however, enjoy a presumption of correctness, so whoever challenges it bears the burden of proof. It is a solid, usable result, but not identical to a judgment. Keep that in mind when choosing the route if you anticipate someone challenging it.

Before any attorney-notary admitted by the Supreme Court of Puerto Rico. The system’s control lies with the General Registry of Notarial Competences, attached to the Office of Notarial Inspection (ODIN) and administered by its Director under the supervision of the Chief Justice: that is where starts, cessations and determinations are notified, and its Director may issue certifications — including negative ones — for five (5) dollars, which may be issued electronically. The Chief Justice may consolidate into that Registry the Registry of Notarial Reports and the Registry of Wills under the 1987 Notarial Act, and the Registry of Powers of Attorney under Act 62 of 1937.

• Believing any matter can be done before a notary: the law lists five matters and nothing more.
• Thinking the notary mandatorily replaces the court: competence is concurrent and you choose.
• Expecting the same effect as a judgment: the notarial result has no res judicata effect, though it enjoys a presumption of correctness.
• Not agreeing on fees in writing, which the law requires.
• Not knowing that if the proceeding ceases the notary may charge what they earned up to that point.
• Hiding that the matter is already in court: it is an express ground for the notarial intervention to cease.
• Not counting the Prosecution’s 30 days in the cases that require it (minors, incapacitated persons, name change, ad perpetuam, simple absence).
• Forgetting that every essential statement you make to the notary must be under oath.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  bvirtualogp.pr.gov