Notari tasu seadus (NotTS)

§ 1. Definition of notary fee

A notary fee means the fee paid to a notary for the performance of a notarial act and related legal or technical services. For the purposes of this Act, a notarial act means a professional act performed or professional service rendered by a notary.

§ 2. Rates for notary fees

(2) If a notary fee is established as a frame rate determining only the minimum and maximum rate of the fee, or either the minimum or the maximum rate of the fee, the complexity of the notarial act and of the legal or technical service rendered and the time spent on the performance of the notarial act or rendering the service are considered upon determining the notary fee.

(2¹) If a notarial act performed by remote authentication specified in subsection 3¹ of § 1 of the Notarisation Act is also in the list of notarial acts established under subsection 8 of § 13 of the same Act, 20 euros is added to the notary fee.

(3) A notary has the right to charge a fee only to the extent and in accordance with the rules provided by this Act. A notary is prohibited from entering into agreements to alter the rates of fees or the procedure for the charging of fees provided for in this Act.

(4) If a notarial act is performed pursuant to § 6 or § 34 of the Notarisation Act, the fee for a notarial act also includes the notary fee for certification of copy of a notarial instrument to the parties to a transaction.

§ 3. Basis for calculation of transaction value

(1) The value of the thing or right being the object of the notarial act is the basis for determining transaction value.

(2) The value of a thing or right as declared by the persons applying for the performance of the notarial act is deemed to be the value of the thing or right.

(3) If the value of a thing or right as declared by the persons applying for the performance of the notarial act is less than the usual value of the thing or right, the transaction value is determined based on the taxable value of land, the size of the mortgage entered in the land register, the amount of insurance coverage for the thing or right, or other reliable information.

(4) The obligations encumbering the thing or right being the object of the transaction are not deducted in determining the transaction value.

(5) If, on the basis of different information sources, varying transaction values are determined for a thing or right, the notary fee is determined on the basis of the transaction value closest to the usual value of the thing or right.

(6) A notary does not have the right to demand additional documents verifying the transaction value of the thing or right from the persons applying for the performance of a notarial act, except in the cases expressly prescribed in this Act and other legal acts.

(7) If the transaction value of a notarial act exceeds 6,390,000 euros, then 6,390,000 euros is deemed to be the transaction value in determining a notary fee, unless a lower upper limit is provided by this Act.

§ 4. Minimum transaction value upon transactions concerning immovables or structures and parts or rights thereof

(1) In determining the transaction value, the minimum value of an immovable or structure is 6,391 euros, the minimum value of a legal share of an immovable or structure is 1,278 euros and the minimum value of a physical share of an immovable or structure and the legal share belonging to the physical share of the immovable or structure is 3,800 euros.

(2) In determining the transaction value, the minimum value of a right is 3,800 euros, unless otherwise provided by this Act.

§ 5. Document containing several transactions

(1) If a document contains several transactions, the value of such transactions is added up. If the amount of notary fees to be charged for the authentication of transactions is calculated on the basis of different full fee coefficients, the notary fees are calculated for each transaction value separately.

(2) If a transaction for the transfer of an immovable is authenticated simultaneously with encumbrance of the same immovable with a mortgage, a personal right of use in residential building or a real encumbrance, the transaction value of the transfer is two thirds of the value of the immovable, except in the case provided in subsection 3 of § 9 of this Act.

§ 6. Altering transactions and changing parties to transactions

(1) In authenticating an alteration in a transaction, the amount of the change in the value of the thing or right being the object of the transaction which is altered is the transaction value, but not less than one tenth of the value of the transaction altered.

(2) If a person is replaced in a transaction, the transaction value is one half of the value of the transaction. If a person is replaced in a transaction involving several persons, the transaction value is the share in one half of the value of the transaction corresponding to the share of the person in the transaction who is replaced.

§ 7. Transaction value upon making notation in land register

Transaction value upon making a notation in the land register or ship register is the value of the claim secured by the notation. If the application for making a notation is in one and the same document with the transaction being the basis for the claim secured by the notation, then transaction value need not be determined.

§ 8. Transaction value upon division of immovable, annexation of part of immovable and merger of immovables

(1) Transaction value upon division of an immovable into several immovables is the value of the new immovable created as a result of the division of the immovable.

(2) Transaction value upon annexation of a part of an immovable to another immovable is the value of the part annexed.

(3) Transaction value upon merger of immovables into one immovable is the value of the immovable merged with the highest value.

§ 9. Transaction value upon ensuring performance of obligation

(1) The transaction value of the establishment of a pledge, including the establishment and termination (deletion) of mortgage is two thirds of the amount of the pledge. If the pledge is related to a claim and the amount of the pledge is not specified, the transaction value is the amount of the claim.

(2) Upon encumbrance of a mortgage or any other pledge not related to a claim with a limited real right, the transaction value is one half of the amount of the mortgage or pledge.

(3) If a document contains a transaction and a transaction securing the performance of the transaction, transaction value is determined on the basis of the transaction with the higher value.

(4) Transaction value upon changing the ranking of a right of security in the register is the value of the right with the smaller value the ranking of which is changed.

§ 10. Transaction value upon establishment of real servitude

(1) Transaction value upon establishment of real servitude is the value of the increase in the value of the dominant immovable as a result of the establishment of the real servitude. If the parties have determined the annual value of the real servitude, then transaction value is the sum of the annual values, but not more than for twenty-five years. The minimum annual value is 255 euros.

(2) Transaction upon establishment of a real servitude is the value of the decrease in the value of the servient immovable as a result of the establishment of the real servitude, if it is higher than the transaction value calculated on the basis of subsection 1 of this section.

(3) The minimum transaction value upon establishment of a real servitude is 639 euros.

§ 11. Transaction value upon creation of usufruct

(1) Transaction value upon establishment of a temporary usufruct is the sum of the individual annual values of the usufruct, but not more than for twenty-five years.

(2) Transaction value upon establishment of a usufruct for an unspecified term for the benefit of a natural person is the product of the annual value of the usufruct multiplied by a factor related to the age of the usufructuary:

1) the annual value multiplied by a factor of 20 if the person is under 36 years of age;

2) the annual value multiplied by a factor of 15 if the person is 36–50 years of age;

3) the annual value multiplied by a factor of 10 if the person is 51–65 years of age;

4) the annual value multiplied by a factor of 5 if the person is 66–75 years of age;

5) the annual value multiplied by a factor of 3 if the person is 76 years of age or older.

(3) Transaction value upon establishment of a usufruct for an unspecified term for the benefit of a legal person is the annual value of the usufruct multiplied by a factor of 20.

(4) The minimum annual value of usufruct is four per cent of the object of the usufruct.

(5) The minimum annual value of a usufruct on a ship, ship under construction or non-propelled floating vessel entered in the ship register is one per cent of the value of the object of the usufruct.

§ 12. Transaction value upon establishment of personal right of use

(1) Transaction value upon establishment of a temporary personal right of use is the sum of the individual annual values of the right of use, but not more than for twenty-five years.

(2) Transaction value upon establishment of a personal right of use on a residential building for an unspecified term is the product of the annual value of the personal right of use multiplied by a factor related to the age of the user:

1) the annual value multiplied by a factor of 20 if the person is under 36 years of age;

2) the annual value multiplied by a factor of 15 if the person is 36–50 years of age;

3) the annual value multiplied by a factor of 10 if the person is 51–65 years of age;

4) the annual value multiplied by a factor of 5 if the person is 66–75 years of age;

5) annual value multiplied by a factor of 3 if the person is 76 years of age or older.

(3) If a personal right of use in substance corresponds to a real servitude, transaction value is determined pursuant to § 10 of this Act.

(4) The minimum annual value of a personal right of use on a residential building is four per cent of the value of the building.

§ 13. Transaction value upon establishment of real encumbrance

Transaction value upon establishment of a real encumbrance is the sum of the individual annual values of the real encumbrance, but not more than for twenty-five years. The minimum annual value is 255 euros.

§ 14. Transaction value upon establishment of right of superficies

(1) Transaction value upon establishment of a right of superficies is the sum of the individual annual values of the payment for the right of superficies, but not more than for twenty-five years.

(2) The minimum transaction value upon establishment of a right of superficies is:

1) in the case of an unimproved immovable, 80 per cent of the taxable value of land;

2) in the case of an improved immovable, 80 per cent of the of the taxable value of land and the value of the building.

§ 15. Transaction value upon establishment of right of pre-emption

Transaction value upon establishment of a right of pre-emption is one quarter of the transaction value of the immovable.

§ 16. Transaction value upon entry into residential lease contract, commercial lease contract, deposit contract or contract on use of property without charge

(1) Transaction value upon entry into a residential lease contract, commercial lease contract, deposit contract or contract on use of property without charge is the value of the obligation arising from the contract during the term of the contract, but not more than for fifteen years.

(2) Transaction value upon entry into a residential lease contract, commercial lease contract, deposit contract or contract on use of property without charge concluded for an unspecified term is the annual value of the obligation arising from the contract multiplied by a factor of 5.

(3) The minimum annual value of a residential lease contract, commercial lease contract, deposit contract or contract on use of property without charge is 63.90 euros.

§ 17. Transaction value upon entry into barter agreement

Transaction value upon entry into a barter agreement is the value of the exchanged goods with the higher value.

§ 17¹. Transaction value upon entry into agreement on payment of support

Transaction value upon entry into an agreement on payment of support is the sum of the support payable, but not more than for one year.

§ 17². Transaction value in case of lottery or drawing lots

Transaction value in the case of a lottery or drawing lots is the value of the thing or right on which lottery is played or the value of the thing on which lots are drawn.

§ 17³. Transaction value upon preparation of inventory

Transaction value upon preparation of an inventory is the value of the assets listed in the inventory.

§ 17⁴. Transaction value upon conduct of auction

The transaction value upon conduct of an auction is the value of the object of the auction.

§ 18. Notarial acts related to companies

(1) Transaction value of a memorandum of association or foundation resolution of a private limited company, public limited company or commercial association also includes the transaction value of the articles of association approved as an appendix to the memorandum of association or foundation resolution and is equal to the planned amount of the share capital.

(2) Transaction value upon entry into merger agreement between companies is the amount of the share capital of the acquiring company or of the company founded as a result of the merger or the amount of the contribution of the partners.

(2¹) Transaction value upon entry into merger agreement between a company and a natural person is the amount of the share capital of the companies being acquired.

(3) Transaction value upon entry into a division agreement between companies or transaction value of a division plan of a company is the amount of the share capitals of the acquiring companies and/or the contribution of the partners.

(4) Transaction value of minutes prepared on a resolution of the body of a company is one fourth of the amount of the share capital or of the contribution of the partners.

(5) The minimum transaction value upon founding, merger and division of companies and amending or termination of the transactions of the companies is 127 euros and the maximum transaction value is 639 euros in the case of general partnerships and limited partnerships, 639,116 euros in the case of private limited companies and 6,390,000 euros in the case of public limited companies. If the transaction value is lower than the minimum transaction value or exceeds the maximum transaction value, it is deemed upon determining a notary fee that the transaction value corresponds to the minimum transaction value or the maximum transaction value. The provisions of this subsection are also applied upon determining the transaction value of merger agreement between a company and a natural person.

(6) In cases where it is not possible to determine the value of the transactions specified in this section, the transaction value is the minimum transaction value specified in subsection 5 of this section, and the provisions of § 6 and subsection 1 of § 28 of this Act do not apply.

§ 19. Transaction value upon shared ownership

(1) Transaction value upon division of property in common ownership or determining conditions of use of the property is the value of the property divided or concerning which the conditions of use are determined.

(2) Transaction value upon entry into a marital property contract or an agreement specified in subsection 2 of § 16 of the Registered Partnership Act or a contract on division of joint property is the value of the property being the object of the contract. The minimum transaction value upon transactions concerning property is 6,391 euros.

(3) Transaction value upon authentication of an ownership certificate is the value of the property indicated in the certificate.

§ 20. Notarial acts related to succession

(1¹) The transaction value upon authentication of a certificate of legatee is the value of the thing given as legacy indicated in the certificate.

§ 22. Table of transaction values and full fees

(1) A notary fee is calculated on the basis of transaction value pursuant to the table of transaction values and full fees provided for in this section in euros. Transaction value up to Full fee Transaction value up to Full fee Transaction value up to Full fee 32 1.60 35,151 59.75 242,865 371.30 64 3 38,347 64.55 249,255 380.90 96 4.50 41,543 69.35 255,650 390.50 128 6 44,738 74.10 262,040 400 256 10.80 47,934 78.90 268,430 409.50 383 14.50 51,129 83.70 274,820 419.25 511 17.35 54,325 88.50 281,220 428.80 639 19.15 57,520 93.30 287,610 438.40 1,278 19.80 60,716 98.10 294,000 448 1,917 20.40 63,912 102.90 300,390 457.60 2,556 21 70,303 112.50 306,780 467.15 3,196 21.75 76,694 122.10 313,170 476.75 3,835 22.35 83,085 131.65 319,560 486.35 4,474 23 89,480 141.20 332,340 505.50 5,113 23.65 95,870 150.80 345,130 524.70 5,752 24.25 102,260 160.40 357,910 543.85 6,391 24.90 108,650 170 370,690 563.05 7,669 25 115,040 179.55 383,470 582.20 8,948 25.45 121,435 189.15 396,260 601.40 10,226 25.70 127,825 198.75 409,040 620.55 11,504 26 134,215 208.35 421,820 639.75 12,782 26.20 140,605 217.90 434,600 658.90 14,061 28.10 147,000 227.50 447,390 678.10 15,338 30 153,390 237.10 460,170 697.25 16,617 32 159,780 246.65 472,950 716.40 17,895 33.85 166,170 256.25 485,730 735.60 19,173 35.75 172,565 265.85 498,510 754.75 20,452 37.70 178,955 275.45 511,300 773.95 21,730 39.60 185,345 285 524,100 793.10 23,008 41.50 191,735 294.60 536,860 812.30 24,287 43.50 198,130 304.20 549,640 831.45 25,565 45.40 204,520 313.80 562,430 850.65 26,843 47.30 210,910 323.35 575,210 869.80 28,121 49.15 217,300 332.95 587,990 889 29,399 51.10 223,690 342.55 600,770 908.15 30,678 53 230,085 352.10 613,560 927.35 31,956 55 236,475 361.70 626,340 946.50 639,120 958.65

(2) Up to 1,278,235 euros – 958.65 euros + 0.14% of the amount of the transaction value exceeding 639,120 euros;

up to 1,917,350 euros – 1,853.40 euros + 0.12% of the amount of the transaction value exceeding 1,278,235 euros;

up to 2,556,470 euros – 2,620.35 euros + 0.1% of the amount of the transaction value exceeding 1,917,350 euros;

up to 3,195,585 euros – 3,259.45 euros + 0.08% of the amount of the transaction value exceeding 2,556,470 euros;

up to 6,391,165 euros – 3,770.75 euros + 0.05% of the amount of the transaction value exceeding 3,195,585 euros;

over 6,391,165 euros – 5,368.55 euros + 0.02% of the amount of the transaction value exceeding 6,391,165 euros.

§ 23. Notary fee for authentication of transaction

Unless otherwise provided by this Act, a notary fee for authentication of transaction is:

1) in the case of a unilateral transaction, a single full fee;

2) in the case of a bilateral or multilateral transaction, the double full fee.

§ 25. Authentication of real right contract

If a transaction under the law of obligations being the basis for a real right contract, including an agreement of transfer of ownership of a ship, is already authenticated, the notary fee for the authentication of the real right contract or the agreement of transfer of ownership of a ship is 19.10 euros. If the real right contract and registration application are in one and the same document with the respective transaction under the law of obligations, no fee is charged for the authentication of the real right contract and registration application.

§ 26. Authentication of residential privatisation contracts

A notary fee for the authentication of a residential privatisation contract is one per cent of the transaction value, but not less than 6.39 euros and not more than the notary fee on the basis of the table of transaction values and full fees provided for in § 22 of this Act.

§ 28. Authentication of agreement on termination of transaction and cancellation of authorisation

(1) A notary fee for the authentication of an agreement on the termination of a bilateral or multilateral transaction is one half of the full fee.

(2) A notary fee for the authentication of the cancellation of an authorisation is one half of the notary fee charged for the authentication of the authorisation.

§ 28¹. Transactions concerning ship register and registered security over movables

(1) A notary fee for authentication of an agreement to transfer ownership of a ship, ship under construction or non-propelled floating vessel is one quarter of the full fee, but not less than 63.90 euros.

(2) A notary fee for authentication of an agreement to establish a maritime mortgage and contract on surrender of owner mortgage is one quarter of the full fee, but not less than 63.90 euros.

(3) A notary fee for authentication of an agreement to establish a registered security over movables and contract on surrender of owner mortgage is one quarter of the full fee, but not less than 63.90 euros.

§ 28³. Preparation and authentication of inventory

A notary fee for the preparation and authentication of an inventory is a single full fee, but not less than 47.90 euros for every hour of the duration of the performance of the notarial act.

§ 29. Notary fee for performing other notarial acts

(1) A notary fee is a single full fee in the case of:

1) authentication of a certificate of right of ownership;

1¹) authentication of a certificate of legatee;

4) authentication of minutes prepared on resolutions of the body of a company, but not less than 63.90 euros, and also not less than 63.90 euros for every following hour of the duration of the performance of the notarial act, but not more than 319.50 euros in total;

5) authentication of agreement on surrender of owner mortgage;

6) authentication of a real right contract on re-registration of a construction pledge as a mortgage;

7) authentication of a preliminary contract;

8) authentication of a contract under the law of obligations if an authenticated preliminary contract has been concluded between the same parties concerning the same object.

(3) A notary fee is one quarter of the full fee in the case of:

1) depositing money or securities with a notary as a notarial act, but not less than 6.39 euros;

2) authentication of a transaction on changing the ranking of a right of security in the register;

3) authentication of an application for entry of a notation in the land register or ship register, but not less than 3 euros.

§ 30. Notary fee for cancelled notarial act

(1) A notary fee for the preparation of a draft notarial instrument, if it is not followed by the performance of the notarial act, is one half of the fee for the performance of the notarial act but not more than 1,000 euros.

(2) The person having applied for the performance of a notarial act or the person in whose interests the notary has been acting is required to pay the fee specified in subsection 1 of this section, provided that the notary has notified them of the obligation to pay the fee before the preparation of the draft.

(3) If a notary has charged a fee for the preparation of a draft notarial instrument and it is followed by the performance of an act by the same notary, the fee already paid for the draft notarial instrument must be deducted from the notary fee upon authentication of the transaction.

§ 31. Notarial acts with fixed fee rates

The following notarial acts have a fixed fee rate:

1) authentication of an authorisation document or application for receipt of a pension, allowance, support or grant or for the transfer thereof into the bank account of another person – 3.19 euros;

2) authentication of another authorisation document submitted by a natural person – 25.50 euros;

3) authentication of an authorisation document submitted by a legal person – 49.20 euros;

4) authentication of a suretyship to secure a study loan – 15.95 euros;

5) certification that a person is alive – 14.35 euros;

6) certification of the presence of a person at a certain place – 15.95 euros;

7) certification that the person and a person in a photograph are the same – 11.50 euros;

8) certification of the date of submission of a document – 14.35 euros;

9) preparation of a draft application to be certified – 18.20 euros;

9¹) preparation of a draft application to be submitted to the land registry department or registration department of a court, certification of the signature of the person submitting the application and issue of a digital copy of the application or submission of data on the beneficial owner at the request of a legal person or trustee – 35.75 euros. In case of several applicants, the fee for certification of the signature of a person – 6.35 euros is added to the fee starting from the second person;

10) authentication of a registration application to be submitted in order to register apartment ownerships upon privatisation –12.75 euros per one object of apartment ownership;

11) authentication of a unilateral application in case of which transaction value is not determined – 42.15 euros;

11¹) authentication of a bilateral or multilateral application in case of which transaction value is not determined – 84.30 euros;

12) certification of a signature or a specimen signature – 12.75 euros;

13) preparation, on behalf of the applicant, of an appeal against court ruling made concerning a petition on registration application – 31.95 up to 159.75 euros;

14) certification of a copy or extract of and also printout from a document – 3.19 euros per page but not more than 31.95 euros in total;

14¹) enabling the inspection of data entered in a register maintained by the land registry department or registration department, in the marital property register or the succession register, or the inspection of documents preserved in a register maintained by the land registry department or registration department or in the marital property register or the succession register – 3.20 euros per one inquiry or inspection of a document;

14²) enabling the inspection of the land registry file or registry file or documents of the marital property register – 9.60 euros;

14³) certification and issue of printout of data from a register maintained by the land registry department or registration department, the marital property register, population register or the succession register – 3.20 euros, regardless of the number of pages;

14⁴) certification and issue of printout of a document preserved in a register maintained by the land registry department or registration department or the marital property register or the succession register – 6.35 euros, regardless of the number of pages;

14⁵) digital certification and issue of printout of data from a register maintained by the land registry department or registration department or the marital property register or the succession register – 4.80 euros, regardless of the data volume;

14⁶) digital certification and issue of printout of a document preserved in a register maintained by the land registry department or registration department or the marital property register or the succession register – 6.35 euros;

14⁷) making enquiries on data concerning wills or succession contracts entered in foreign registries – 7 euros per one enquiry;

14⁸) making of an entry in the marital property register – 25 euros;

14⁹) amendment or deletion of an entry in the marital property register – 10 euros;

15) issue of a digital copy, regardless of the data volume – 12.75 euros;

16) certification of a document with an apostille – 22.35 euros;

17) issue of a certificate concerning the legal force of notarial instrument in the Republic of Estonia and a certificate concerning a notarial instrument to be executed in the Republic of Estonia – 10 euros;

17¹) authentication of an agreement specified in subsection 3 or 4 of § 14 of the Conciliation Act – 51.13 euros;

18) depositing documents (except wills) as a notarial act, for depositing each document during one month – 24.90 euros;

19) preparation of notice or application specified in subsection 4 of § 30 of the Notaries Act – 31.95 up to 76.65 euros;

20) authentication of a sea protest – 78.60 euros;

21) authentication of an agreement on partial release of combined mortgage – 42.15 euros;

22) authentication of a decision on the establishment of a foundation, also the authentication of the articles of association to be approved as an annex thereto, and the authentication of a merger agreement or division agreement or a division plan of a foundation – 77.30 euros;

23) authentication of the resolutions of a body of a foundation – 69 euros;

24) authentication of a memorandum of association of a non-profit association, also the authentication of the articles of association to be approved as an annex thereto, and authentication of the minutes of a meeting of a non-profit association – 0.60 euros per each member of a non-profit association but not less than 31.95 euros and not more than 127.80 euros in total;

25) submission of an annual report to a court maintaining the register – 25.55 euros;

26) opening of a bank account in the name of a public limited company or a private limited company – 12.75 euros;

27) authentication of a will – 32.55 euros;

28) authentication of depositing a will in a closed envelope – 32.55 euros;

28¹) authentication of an application for withdrawal of a will deposited with a notary – 16.29 euros;

28²) opening of a will deposited with a notary if the will is opened by a notary not conducting the succession proceedings – 32.55 euros;

29) authentication of a reciprocal will of spouses – 41.50 euros;

29¹) preparation and submission of a notice concerning the revocation of a reciprocal will of spouses – 25 euros;

30) authentication of an application for accepting succession – 65.15 euros;

31) authentication of an application for renouncing succession – 6.35 euros;

32) authentication of an application for initiation of succession proceedings – 63.90 euros;

32¹) authentication of an application for a European succession certificate – 42 euros;

33) identification of successors and issue of a succession certificate – 102.25 euros;

33¹) authentication of a European succession certificate – 51 euros;

34) conducting calling proceedings provided for in the Law of Succession Act – 25.55 euros;

35) authentication of an application for acceptance or renunciation of the duty of executor of a will – 12.75 euros;

36) issue of the certificate of executor of will – 12.75 euros;

37) authentication of an application for making supplementary enquiries concerning the rights and obligations of a successor – 12.75 euros;

38) authentication of a certificate of recipient of compulsory portion – 12.75 euros;

39) authentication of a common application submitted for authentication of a certificate of right of ownership – 42.15 euros.

40) submission of a notice or application to an economic administrative authority, receipt of documents or other data from an economic administrative authority and submission thereof to an undertaking – 15 euros;

41) authentication of delivery of an administrative act – 35 euros;

42) entry of data in the register of economic activities – 25 euros.

43) issue of a certificate on the basis of Council Regulation (EU) 2019/1111 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (recast) (OJ L 178, 02.07.2019, p. 1–115) – 10 euros;

44) authentication of a transaction for relinquishment of an immovable on the basis of § 126 of the Law of Property Act – 200 euros.

§ 31¹. Document containing several transactions in succession proceedings

If an application for acceptance of succession or renunciation of succession or an application for a European succession certificate is contained in the application for initiation of succession proceedings, a fee is only charged for the initiation of succession proceedings.

§ 31². Fee for submission of registration application

If additional documents necessary for making an entry need to be submitted to the land registry department of a court or to the registration department together with the copy of a registration application or additionally, a fee is only charged for the issue of a digitally certified copy of a registration application to the land registry department or to the registration department.

§ 31³. Fee for acts performed in succession proceedings

(1) No separate fee is charged for making an entry in the succession register in connection with a notarial act.

(2) No fee is charged for inspection of the data entered in the succession register if a person wishes to inspect the data entered in the succession register simultaneously with the initiation of succession proceedings or if the data entered in the succession register need to be inspected in the course of conducting the succession proceedings.

(3) If one document contains several declarations of intent, the notary fee is charged separately for each declaration of intent.

§ 32. Notary fee for issue of certificates

The rate of a notary fee for the issue of a certificate is the minimum full fee provided for in the table of transaction values and full fees, unless another rate of a fee is provided for in this Act.

§ 33¹. Fee for notarial services

The fee for notarial services provided for in § 32 of the Notaries Act is an agreed fee, except in the case where conciliation service is provided through the Conciliation and Arbitration Court of the Chamber of Notaries.

§ 33². Fee for contraction of marriage, divorce and entry into agreement for designation of law applicable to divorce

(1) A notary fee for certification of contraction of marriage or divorce is 64 euros. The fee also includes the receipt of an application for contraction of marriage or divorce, the counselling provided for in the law and making of an entry.

(1¹) A notary fee for entry into an agreement for designation of law applicable to divorce is 64 euros.

(2) If an application for contraction of marriage, divorce or entry into an agreement for designation of law applicable to divorce has been submitted to a notary and the notary has explained to the applicants the legal consequences pursuant to the procedure provided for in subsection 1 or 1¹ of § 30 of the Notaries Act and if it is not followed by the contraction of marriage or divorce or entry into an agreement for designation of applicable law due to reasons independent of the notary, the notary fee is 45 euros.

(3) A notary fee for certification of contraction of marriage outside the notary’s office or territorial jurisdiction is an agreed fee.

§ 33³. Fee for entry into and termination of registered partnership contract

(1) Notary fee for authentication of entry into a registered partnership contract is 200 euros. The fee also includes the additional agreements of registered partners related with the registered partnership, the selection of proprietary relationship, the counselling provided for in the law and submission of data and making entries in the population register and marital property register.

(2) Where a request for entry into a registered partnership contract has been submitted to the notary and the notary has advised the applicant pursuant to the procedure provided for in subsection 1² of § 30 of the Notaries Act, but it is not followed by an entry into a registered partnership contract due to reasons independent from the notary, the notary fee shall be 100 euros.

(3) Notary fee for authentication of termination of a registered partnership contract is 64 euros. The fee also includes making entries in the marital property register and submission of data to the population register.

(4) Where a request for termination of a registered partnership contract has been submitted to the notary, but it is not followed by termination of the registered partnership contract due to reasons independent from the notary, the notary fee shall be 45 euros.

§ 35. Notary fee for preparation of copies

(1) A notary fee for preparing a copy is:

1) 0.31 euros per each A3-format page;

2) 0.19 euros per each A4-format page.

(2) No fee is charged for the preparation of a copy not subject to certification and preserved with the notarial document.

§ 36. Reimbursement of expenses related to notarial acts

(1) A person liable to pay a notary fee must reimburse to the notary the justified expenses incurred upon the notary for making long distance phone calls, using telefax or post, and other expenses related to the performance of the notarial act.

(2) An additional fee is paid to the notary for the performance of a notarial act outside of the notary’s office or outside the working hours of the notary in the amount of 3.80 euros per hour for every hour additionally spent on the performance of the act. For the purposes of this Act, the working hours of a notary are from 9 a.m. to 6 p.m. on a working day. If the business hours of a notary’s office start earlier than at 9 a.m. or last longer than until 6 p.m., the working hours of the notary are longer, respectively.

(3) The transportation necessary for the performance of a notarial act must be provided by the person applying for the performance of the act. In cases where the private vehicle of a notary is used, the person applying for the performance of the notarial act must additionally pay to the notary 3.80 euros for every hour of the use of the vehicle.

§ 37. Calculation of hourly rate

If a notary is paid as an hourly fee, the time spent on the performance of the notarial act exceeding an hour or one half an hour is rounded to an hour or one half an hour, respectively.

§ 38. Person liable to pay notary fee

(1) A person liable to pay a notary fee (hereinafter obligated person) is a person at whose request or in whose interests the notary has been acting or whose declaration of intent the notary has authenticated.

(2) Several obligated persons are solidarily liable for the payment of the fee for one and the same notarial act.

(3) The successor is liable for the payment of notary fee for notarial acts performed in succession proceedings. Co-successors are solidarily liable for the payment of the fee. The person at whose request a notarial act was performed is liable for the payment of the fee specified in clause 1¹ of subsection 1 of § 29 and in clauses 30–32 and 35–38 of § 31 of this Act. If a co-successor has submitted an application for initiation of succession proceedings, all the co-successors are solidarily liable for the payment of the fee provided for in clause 32 of § 31 of this Act.

(4) The fee for authentication of an application for a European succession certificate provided for in clause 32¹ of § 31 of this Act must be paid by the person filing the application. The fee provided for in clause 33¹ of § 31 of this Act must be paid by the person at whose request the European succession certificate is authenticated. If several persons entitled to file an application have jointly filed an application for a European succession certificate, all the applicants are solidarily liable for the payment of the fee provided for in clauses 32¹ and 33¹ of § 31 of this Act.

§ 39. Clarification of notary fee

(1) The notary is required to clarify to the obligated person the rate of the notary fee and the procedure for the payment and collection of the fee.

(2) The notary who certified or authenticated a transaction or an application is required to communicate to the applicant the amount of the state fee payable for the making of an entry or a notation on the basis of the transaction or application in the land registry department of a court or in a registration department.

§ 40. Collection of notary fee

(1) The right to collect a notary fee arises for a notary on the day on which the notarial act is completed and the right to collect a fee for the performance of technical services and to be reimbursed for other expenses arises immediately after the service is rendered or expense is incurred.

(2) In order to collect a notary fee from the obligated person, a notary is required to submit an invoice which sets out the following:

1) the name of the notary, the notary’s signature, the address of the notary’s office and the personal identification code of the notary;

2) the number and date of issue of the invoice;

3) the name and address of the obligated person;

4) the number in the notarial register and in the payment register;

5) the transaction value;

6) the amount of the notary fee with and without value added tax and references to the provisions of this Act on the basis of which the fee is calculated;

7) the amount of value added tax.

(3) A notary is required to specify the amount of the notary fee and value added tax to all notarial documents.

(4) A notary is entitled to demand interest on arrears on the basis of subsection 1 of § 94 and subsection 1 of § 113 of the Law of Obligations Act from an outstanding amount starting from the moment the notary fee becomes collectable until the proper performance.

§ 40¹. Payment of notary fees in instalments

(1) A notary has the right to enter into an agreement with a person liable to pay the notary fee concerning the payment of the notary fee in instalments.

(2) The period for payment of the notary fee in instalments must not be longer than six months.

(3) No interest is charged on the payment of notary fees in instalments.

§ 40². Release from payment of notary fee

(1) A natural person who, due to their financial situation, is unable to pay the notary fee prescribed for the performance of the notarial acts specified in subsection 2 of § 28, clauses 1 and 1¹ of subsection 1 of § 29 and clauses 1, 2, 9¹, 16, 27–34 and 38 of § 31 of this Act, and if other notarial acts are performed in connection with succession proceedings, is unable to pay the notary fee prescribed for those acts or is able to pay for them only in part, or whose financial situation does not enable to meet the basic subsistence needs after paying the notary fee may be released from payment of the notary fee in part or in full. Release from payment of the notary fee may also include the certification of a copy or extract directly connected to such notarial acts, and the compensation of the costs prescribed in § 36 of this Act.

(2) An application for release from payment of the notary fee must be submitted within ten days after receiving an invoice from the notary to the county or city court of the residence of the applicant. If an applicant has no residence in Estonia, they may submit an application to the county or city court in the territorial jurisdiction of which the applicant is staying.

(3) Subsection 3 of § 12 of the State Legal Aid Act applies to applications for release from payment of the notary fee. The following must be set out in the application:

1) the name, personal identification code (in the absence thereof, date of birth), address and telecommunications numbers of the applicant;

2) an explanation why the applicant needs the notarial act to be performed and what is the benefit that the applicant hopes to gain from such act;

3) the extent to which release from payment of the notary fee is requested;

4) the reason for which release from payment of the notary fee is requested;

5) information concerning payment of the state fee;

6) the signature of the applicant, and the date.

(4) The invoice for the payment of the notary fee, a copy of the notarial instrument, a notice by the applicant concerning their financial situation bearing the applicant’s signature and if possible, other evidence in proof of the financial situation must be appended to an application for release from payment of the notary fee. Subsection 4 of § 13 of the State Legal Aid Act applies to the format of the application. Subsection 2 of § 13 of the State Legal Aid Act applies to a person who has no residence in Estonia.

(5) Clauses 2, 3 and 7–12 of subsection 1 of § 7, § 14 and, in the case of partial release from payment, § 16 of the State Legal Aid Act apply to the review and satisfaction of applications for release from payment of the notary fee.

(6) Subsection 2 of § 15 of the State Legal Aid Act applies to the grant of release, in part or in full, from payment of the notary fee, or on refusal to grant such release. A copy of the court decision terminating the proceeding in a matter of an application for release from payment of the notary fee shall be sent to the Chamber of Notaries.

(7) If a person has knowingly submitted incorrect information upon application for release from payment of the notary fee and such person would not have been released from payment of the notary fee in part or in full if they had submitted correct information, the Chamber of Notaries has the right to demand that the person compensate for the costs related to the release from the payment of the notary fees and pay the interest provided for in subsection 2 of § 29 of the State Legal Aid Act.

§ 41. Exemption from payment in case of mistake made by notary

If a document authenticated by a notary needs to be amended or re-authenticated by the notary due to a mistake made by the notary, a notary fee is not charged for the amendment or re-authentication.

§ 42. Limitation period of claim for payment of notary fee

The limitation period for a claim for the payment of a notary fee and reimbursement of the expenses is one year as of the date on which the notarial act was completed, the technical service was rendered, other expense was incurred or the court decision made in the matter of an application for release from payment of the notary fee entered into force.

§ 43. Recalculation of notary fee

If, after a calculation error is detected and the notary fee is recalculated, the amount of the notary fee turns out to be smaller than the initial notary fee, the notary must immediately return the overpaid amount to the obligated person.

§ 44. Payment of notary fee in advance

(1) A person applying for the performance of a notarial act may make an advance payment of the estimated amount of the notary fee in full or in part. The notary gives the person a receipt certifying the advance payment of the notary fee.

(2) If, after the completion of the notarial act and submission of the invoice, it turns out that the amount of the advance payment is higher than the amount indicated in the invoice, the notary must immediately return the overpaid amount.

§ 45. Right to withhold documents

If a person liable to pay the notary fee has not submitted an application for release from payment of the notary fee to a court, the notary has the right to withhold, in order to secure payment for the notarial act, the documents submitted for the performance of the notarial act which are subject to return and the original copies of the notarial instrument prepared in the course of the notarial act until the time the notary fee and the expenses incurred in the course of the act have been paid but not longer than for the duration of the limitation period provided for in § 42 of this Act.

§ 46. Filing of appeals

An obligated person may, within one month as of the date on which a notary’s invoice is submitted to the person, file an appeal with a court according to the location of the notary’s office against incorrect calculation of notary fee.

§ 48. State fee payable for notarial acts

For the purposes of this Act, the state fee paid by an official of a foreign mission or a rural municipality or city secretary for the performance of a notarial act is not deemed to be a notary fee.

§ 49. Amendment of Notaries Act

[Omitted from this text.]

§ 50. Entry into force of Act

Clause 36 of § 31 of this Act enters into force by a separate Act as of Estonia’s accession to the European Union.