Using a notary in Estonia: what needs a notary and how it works for foreigners

By Ero Liivik, lawyer (jurist) at Erovik Law Office · Updated 2 November 2026

A notary in Estonia (notar) must authenticate many important transactions, such as buying or selling real estate, mortgages, most transfers of shares in a private limited company (OÜ) and marital property contracts. Notaries also handle succession cases. The notary is impartial and represents neither side. Erovik Law Office is not a notary and does not provide notarial services, but as your lawyer we can review the draft before you sign.

Key points

• A transaction that must be notarised is generally void without it (§ 83(1) of the General Part of the Civil Code Act (TsÜS)). This includes a preliminary agreement to buy property (§ 33(2) of the Law of Obligations Act (VÕS)).
• The notary explains the transaction to all parties but does not have to explain foreign law or tax consequences (§ 18 of the Notarisation Act (TõS)).
• The deed is in Estonian or, at your request, another language the notary knows well enough. If you do not understand it, it must be translated (TõS §§ 5, 17).
• Many acts can be done by video from abroad, but not a marriage or divorce.
• Notary fees are set by the Notary Fees Act (NotTS), and the notary cannot agree different rates (NotTS § 2(3)).

Notary or lawyer: who does what?

Only an Estonian notary may authenticate a transaction, unless the law allows another person to do so (TsÜS § 82). The notary establishes what the parties want and explains the meaning and legal consequences of the transaction and the alternatives. The notary must also make sure that an inexperienced party is not disadvantaged (TõS § 18(1)). As the Chamber of Notaries stresses, the notary acts for neither the buyer, the seller, the bank nor the developer.

The notary does not negotiate for you and does not have to explain foreign law or tax consequences (TõS § 18(5)). A lawyer acts only for you: checks the draft, proposes better terms and tells you whether to sign.

What must be notarised in Estonia

Transaction	Required form
Agreement to buy, sell or give away real estate, including an apartment	Notarial authentication (Law of Property Act (AÕS) § 119(1); Apartment Ownership and Apartment Associations Act (KrtS) § 1(3))
Transfer of ownership of real estate (real right agreement, asjaõigusleping)	Notarial authentication and entry in the land register (AÕS §§ 64¹, 120(1))
Mortgage (hüpoteek)	Notarial authentication (AÕS § 326)
Transfer of a share in an OÜ	Notarial authentication, unless the articles waive it, which is allowed only if the share capital is at least 10,000 euros and fully paid in (Commercial Code (ÄS) § 149(4), (6))
Marital property contract (abieluvaraleping)	Notarial authentication; the spouses must conclude it personally, not through an agent (Family Law Act (PKS) § 60)
Opening succession proceedings; renouncing an inheritance	Notarially authenticated application (Law of Succession Act (PärS) §§ 118(3), 166(1))
Power of attorney for a transaction that must be notarised (not possible for a marital property contract)	The same form as the transaction (TsÜS § 118(3))

A preliminary agreement (eelleping) must have the same form as the main contract, so a privately signed one to buy a flat is generally void. Money paid under it must be returned under the rules on unjust enrichment (VÕS § 33(2); TsÜS §§ 83(1), 84(1)).

Where a share transfer is notarised, the notary notifies the commercial registrar within two days, and the transfer takes effect when it is entered in the list of shareholders (ÄS § 149(4), (4¹)). Succession proceedings are conducted by a notary (PärS § 165(1)); see inheriting property in Estonia.

A will can be notarial or home-made (PärS § 20(1); see making a will in Estonia). Notaries with the required attestation can also conduct marriages and, where Estonia has jurisdiction, divorces by mutual agreement (§ 4(5) of the Vital Statistics Registration Act (PKTS); PKS § 64¹; see divorce in Estonia).

Authentication and certification

Notarial authentication (notariaalne tõestamine) is the full procedure. The notary drafts a notarial deed (notariaalakt), identifies the participants and records how any right of representation was established (TõS §§ 10, 12). The deed is read out or translated, and the participants approve and sign it in the notary’s presence (TõS §§ 13(1), 17). Except for a power of attorney, the notary keeps the only original, and the participants receive certified copies (TõS §§ 46(1), 52(1¹)).

Notarial certification (notariaalne kinnitamine) confirms a simpler fact, such as a signature, a copy or a translation (TõS § 38(2)). A signature is certified only if it was given or acknowledged in the notary’s presence (TõS § 39(1)).

Language of the deed and interpreters

A notarial deed is drawn up in Estonian. At your request, the notary may draw it up in another language that the notary knows sufficiently well. If you wish, the notary also translates it into Estonian or certifies a translation you provide (TõS § 5).

If you do not understand the language of the deed well enough, it must be translated to you instead of being read out, or the authentication is void (TõS § 17(1), (2)). You can ask for a written translation, which is attached to the deed. If the notary does not translate, an interpreter chosen by you or by the notary takes part and also signs. The notary may refuse your interpreter if in doubt about the translation (TõS § 17(3)).

How a property deal at the notary works

1. Contact a notary’s office with the parties’ details, the property and the main terms. According to the Chamber of Notaries, a ready draft is not needed.
2. Checks. The notary checks the land register, the participants’ capacity and authority and, if the property may be joint property of spouses, their marital status. The notary also points out any permits, consents or statutory pre-emption rights (TõS §§ 11, 12, 19–22).
3. Source of funds. The notary must establish where the money comes from; buyers fill in an anti-money-laundering form and may be asked for bank statements (Chamber of Notaries).
4. Draft. The notary sends the draft before the appointment. Have it reviewed and agree any changes with the other side before signing.
5. Signing at the office, by video, or with some parties on video (Chamber of Notaries).
6. Payment. The price can be paid through the notary’s deposit account, and the notary pays it out once the agreed conditions are met. Not every notary offers this service (Chamber of Notaries).
7. Registration. The notary forwards the deed to the court’s land registry department (TõS § 53(1)). You become the owner only when the entry is made in the land register (AÕS § 64¹), and a state fee is payable for the entry.

What to bring

• A valid identity document, so that the notary can identify you precisely (TõS § 10).
• If you act for someone else, a power of attorney in the right form or proof of your right to represent a company (TõS § 12); see power of attorney in Estonia.
• Foreign public documents, such as a marriage certificate or a foreign company extract, with an apostille or legalisation unless an international agreement provides otherwise (TõS § 56(1)).
• Details of your marital status and property regime if the asset could be joint property of spouses (TõS § 22).
• Documents on the source of funds.

Remote notarisation: the e-notary from abroad

An Estonian notary cannot act outside Estonia; such an act is void (TõS § 2(2)). Instead, many acts can be done by remote authentication (kaugtõestamine) by video. The participants sign digitally, and the act counts as done in the notary’s presence at the notary’s office (TõS §§ 1(3¹), 2(3), 13(7)).

According to the Chamber of Notaries, remote authentication runs through the E-notary self-service portal and is legally equivalent to a transaction at the notary’s office. By agreement with the notary, it can be used for, among others, property transactions, mortgages, the sale and pledge of OÜ shares, powers of attorney, succession matters, wills and marital property contracts. It cannot be used to marry or to confirm a divorce. You need a computer with a camera and microphone (not a mobile phone) and a working ID card or other digital ID with its PIN codes. Signing tools include Mobile-ID, Smart-ID and an e-resident’s digital ID. The notary decides case by case whether remote authentication is suitable (Chamber of Notaries: remote authentication). For remote acts on the list set by ministerial regulation, a fixed supplement is added to the notary fee (TõS § 13(8); NotTS § 2(2¹)).

Notary fees

Fees are regulated by the Notary Fees Act. The notary may charge only as that act provides and may not agree to different rates (NotTS § 2(3)). For many acts the fee depends on the transaction value, normally the price stated by the parties. If that price is below the usual value, the notary uses other reliable data, such as the land’s taxable value or the insured sum (NotTS § 3). According to the Chamber of Notaries, VAT is added to the notary fee, and its website has fee calculators.

Typical mistakes foreigners make

• Signing a private reservation or preliminary agreement for real estate and paying a deposit on that basis (see buying property in Estonia).
• Expecting a foreign notary to authenticate an Estonian property deal. Where Estonian law requires notarial authentication, a foreign authentication with an apostille is not enough, unless an international agreement provides otherwise (TõS § 56(4)). Powers of attorney have a special rule (TõS § 57).
• Assuming the notary has checked the building: the notary checks registers, not the condition of the property. For defects found later, see hidden defects in property.

Frequently asked questions

Can I use a notary in Estonia remotely from abroad?

For many acts, yes, by video with digital identification such as an e-resident’s digital ID, if the notary agrees. A marriage or divorce cannot be done remotely.

Can the notarial deed be in English?

Yes, if you ask and the notary knows English sufficiently well (TõS § 5). Otherwise, it must be translated to you if you do not understand Estonian well enough (TõS § 17).

Do I have to use a notary in Tallinn?

No. The Chamber of Notaries lists notaries in towns across Estonia, and its search can filter by language and remote authentication (find a notary). A notarial act is not invalid just because the notary performed it outside their own service area (TõS § 2(1)).

Do I need a lawyer if a notary is involved?

It is not required. But the notary is impartial, so it is worth having the draft checked by someone who acts only for you.

How Erovik Law Office can help

We do not provide notarial services: Ero Liivik is a lawyer (jurist), not a notary. We can review a draft agreement before you sign and explain it in English, advise on real estate, co-ownership and inheritance questions, and handle disputes that arise afterwards. See real estate disputes, family and inheritance, our fees and contact us; we usually reply within one working day.

This guide reflects Estonian law in force on 1 November 2026. It is general information, not legal advice for your situation.