France Real Estate News
2025-08-12 12:24 Interesting

I’m Not Getting Along with My Notary: How to Change Them and Transfer My Files

A notary plays a key role in many transactions: property purchases, inheritance, marriage, business creation… It’s therefore crucial to feel you are being supported professionally and with understanding. But what should you do if disagreements arise with this professional? How can you change your notary and transfer your files?



The Notary — A Key Figure in Property and Legal Matters

A notary assists individuals and organizations in all the important events of their lives.

They are highly qualified lawyers with public authority. In particular, a notary certifies documents, giving them greater legal force than ordinary contracts.

They act in the interests of all parties, maintaining neutrality. This impartiality makes them a reliable advisor, able to prevent disputes and clarify the legal consequences of every decision.

You may need a notary in many situations:
• Marriage or PACS: choice of marital property regime, drafting of a marriage contract;
• Property purchase: drafting the deed of sale, ensuring the legal security of the transaction;
• Inheritance or gift: settling estate matters, advice on transferring assets;
• Business creation: articles of association, share transfers, commercial leases;
• Wills: drafting a will, granting power of attorney in the event of incapacity.

Notarial deeds are kept in notary archives for 75 years before being transferred to the national archives. This ensures long-term preservation and evidential value if the original is lost.

Thus, a notary is a trusted partner whose expertise, duty to advise, and neutrality allow you to address the most important matters with confidence.



Why Might You Want to Change Your Notary?

Changing a notary may seem complicated, but it is your legal right.

The main reasons include:
1. Lack of communication or responsiveness
A common reason is poor communication. A notary must inform clients about the progress of their case, give clear answers, and work within reasonable timeframes. If you constantly have to chase them, that’s a valid reason to change.
2. Mistakes or delays causing harm
Clients must understand what they are signing and the consequences of their decisions. If the notary fails to explain legal subtleties, they are not fulfilling their role.
3. Disagreements over case management
Especially in sensitive family matters. If you get the impression the notary is acting in the interests of the other party, it’s better to consult another professional.
4. Change in residence or personal circumstances
Sometimes there’s no conflict at all — just a move or a change in family situation. You can choose a notary who is closer or more suited to your needs.

Important: You may change your notary at any time and without giving a reason.



How to Transfer Your Files to a New Notary

You can do this at any time, even if the case is still in progress.

1. Find a new notary
When choosing, consider:
• proximity to your home or the property in question;
• specialization (real estate, family law, corporate law, international transactions, etc.);
• accessibility and willingness to listen.

At the first meeting, ask about:
• the types of cases they usually handle;
• timelines;
• how they work with clients;
• the list of required documents.

2. Inform the new notary of your intention to transfer your files
You can explain the situation in person, by phone, or via email, and request that they officially take over your matters. The new notary will then contact the previous one directly to obtain the documents.
You are not obliged to communicate with your former notary directly (except as a courtesy).

3. Wait for all materials to be transferred
The former notary must hand over:
• collected documents (title deeds, ID documents, technical reports, etc.);
• draft deeds;
• correspondence with other parties;
• financial information (received sums, deposits, prepayments);
• the exact status of the case.

The law does not set a specific deadline, but it usually takes a few days to two weeks. If there are delays, the new notary can issue an official request or contact the regional notary chamber.

4. Pay the previous notary for work already done
If they have already completed part of the work, they are entitled to invoice you for:
• partially prepared deeds;
• time spent on consultations;
• legal or administrative requests;
• third-party expenses (extracts, certificates, etc.).

The invoice must be clear and justified. You have the right to a detailed breakdown and copies of supporting documents. Payment can be made before or after the transfer, as agreed.



Conclusion

Disagreements with a notary can complicate important legal processes. But you can always lawfully change your notary without giving a reason. You simply need to choose a new professional, notify them of your intention to transfer your case, and let them handle the transfer of all documents.

We work only with trusted notaries—contact us today.