What is a Notary

If you aren't familiar with notaries here in Ecuador, when you think of a notary you probably picture perhaps the least powerful office in all of U.S. politics. A U.S. notary has almost no power except as a witness. They do not set policy nor draft documents. And, because they have so little power and almost no required qualifications, notaries are everywhere in the U.S.A.

So when you get here and discover you need a document notarized, you will also notice how few notaries exist in Ecuador - especially when you find yourself waiting in line for hours to see one. There are, at current count,[1] 597 notaries in the entire country of 18.2 million people; that's only one notary for every 30,500 residents. This is because, unlike in the U.S.A., notaries here are lawyers who have undergone additional specialized training.

That training comes with real power. Below is a partial list of the services an Ecuadorian notary is authorized to provide.

What a Notary Can Do In Ecuador

  • Wills[2]
  • Acceptance or repudiation of inheritance
  • Partition of hereditary assets
  • Marriage agreements
  • Divorce by mutual consent[3]
  • Recognition of common law marriages
  • Termination of common law marriage
  • Purchase and sale contracts
  • Transfers of ownership
  • Promises to enter into contracts
  • Assignments of rights
  • Mortgages
  • Cancellation of mortgages
  • Loans
  • Registration of lease contracts[4]
  • Issuance of bonds and securitizations
  • Incorporation of companies
  • Dissolution & liquidation of companies
  • Transactional agreements
  • Commercial trusts
  • Authorization of minors to leave the country
  • Authorization of work for minors
  • Voluntary emancipation of the adult child
  • Creation & dissolution of family estate[5]
  • Unification of lots
  • Easements
  • Subdivision of real estate
  • Condominium declarations & modifications
  • Eviction proceedings
  • Demarcation of real estate
  • Notarization of public or private documents
  • Certification of documents
  • Certification of electronic documents
  • Affidavits
  • General & Special Powers of Attorney (POAs)
  • Notification of revocation of POAs

And more.[6]

Bottom line: An Ecuadorian notary is a qualified lawyer with broad legal authority to formalize a wide range of transactions and proceedings. If you're buying property, forming a company, drafting a will, or handling nearly any formal legal matter here, you will almost certainly pass through a notary's office. And if you don't, your attorney will.

Notes & Sources

1 Directory of notaries in Ecuador. fen.com.ec →
2 Current costs are approximately $480 for a closed will and $580 for an open will. Note: Ecuadorian inheritance law may override individual wishes expressed in a will & certain heirs have legally protected shares regardless of what any will says.
3 A mutual-consent divorce including the required statement and signature recognition, plus 15% IVA, currently costs approximately $275.
4 Certain lease agreements are required by law to be registered with a notary.
5 Unlike in the U.S.A., your family home is not automatically protected from creditors in Ecuador. Creating a patrimonio familiar can exempt the family residence from judicial attachment, but there are conditions and trade-offs worth understanding before proceeding.
6 The PESNOT site maintains a complete list of notarial services including current costs. funcionjudicial.gob.ec →