
Non-Contentious Matters
By means of Law No. 282 of August 21, 1999, as amended, known as the Law on Non-Contentious Matters Before Notaries, notaries were empowered to hear and decide on certain matters that, prior to its approval, were the exclusive jurisdiction of the courts. As a result of this Act, on September 16, 2011, the Supreme Court unanimously approved the rules for the implementation of the Act on Non-Contentious Matters Before Notaries.
In accordance with this Resolution, as of February 1, 2012, notaries could begin to exercise the powers granted to them by law.
A non-contentious matter is one that, as there are no opposing parties, can be dealt with at the office of the notary of your choice. This is commonly known as an ex parte procedure. Under the Law on Non-Contentious Matters Before a Notary, citizens may choose between going to court or to a notary to deal with the following non-contentious matters:
1. Declaration of Heirs: in a Declaration of Heirs, the heirs of a person who dies without leaving a valid will are “declared.”
2. Issuance of Letters of Testamentary to an Executor: These are issued when a person formally accepts, under oath, the appointment of executor made in their favor in a will.
3. Verification and Recording of a Holographic Will: This is the procedure for determining the authenticity of a will written and signed in the testator's own handwriting, which meets all the requirements for its validity.
4. Declaration of Simple Absence to Remarry: This procedure can be performed when the spouse of a person who has been absent without any news of their whereabouts for a period of ten (10) years or more wishes to remarry.
5. Procedures for perpetuating facts that are not in dispute, known as Ad Perpetuam Rei Memoriam: This applies when there is an interest in perpetuating the memory of a fact to avoid the risk that evidence to that effect may be lost due to the absence or death of witnesses, the loss or destruction of documents, or any other reason.
6. Correction of Records Held in the Demographic Registry: This is done when a person wishes to correct simple, easily verifiable errors in a birth, marriage, or death certificate filed in the Demographic Registry.
7. Changes of First and Last Names: This is done when a person wishes to change their first or last names as recorded in the Demographic Registry.
The Law on Non-Contentious Matters before a Notary provides you with the opportunity to complete matters more easily and quickly that previously required going to court. Taking advantage of the benefits of this law not only helps to alleviate the workload of the courts, but also facilitates your access to processes that are very important for dealing with situations in your daily life.
At the Emmanuelli Law Firm, C.S.P., we can assist you in the processing of each of the Non-Contentious Matters before a Notary.

