Legal Representation for Inheritance Cases in Poland

⚖️ Dr. Joanna Susło — Expert Polish Inheritance Lawyer

Dr. Joanna Susło, a licensed Polish attorney (adwokat), specializes in inheritance law with extensive experience representing international clients in cases involving estates left by Polish ancestors. Leading the InheritSafe Poland legal team, she personally handles all matters to ensure professional, secure, and transparent services — available 100% online and accessible from abroad. 🌍

🏛️ Inheritance Law in Poland — What You Need to Know

Inheritance cases in Poland fall under Polish law if the deceased lived in Poland before passing. In such cases, before any bank funds are released or property transferred, a Polish inheritance certificate must be issued by a court or notary (if there is only one heir).

❗️ Important: Dr. Susło strongly advises against entrusting inheritance matters to unauthorized individuals. These procedures require precise legal expertise to avoid costly mistakes.

📝 Our Comprehensive Services

• ✅ Handling all formalities related to acquiring inheritance rights in Poland
• ✅ Advising clients on the best and fastest solutions
• ✅ Filing cases with the Polish court for a declaration of inheritance
• ✅ Preparing documents with a Polish notary to obtain a notarial certificate of succession
• ✅ Assisting with the division of inherited property in Poland

⚖️ Legal Representation and Dispute Resolution

• 💼 Representing heirs in court proceedings when disputes arise over inheritance division
• 🤝 Preparing settlement agreements between heirs to save time, money, and stress
• 🏛️ Representing clients fully remotely, no travel to Poland required
• ⚠️ Handling cases involving financial disputes between heirs
• 🚫 Initiating proceedings to declare an heir unworthy of inheritance when necessary

🌐 Nationwide and Fully Remote Support

Dr. Susło and her team offer full legal support across all regions of Poland — not only in Wrocław — including representation before:

• Courts ⚖️
• Notaries 📜
• Polish tax office 💰

As assets in Poland must be tax-declared to avoid unnecessary fees, this service is vital.

🏠 Real Estate and Financial Services

As a licensed real estate intermediary, Dr. Susło also handles:

• The sale of inherited property
• The withdrawal of bank funds on behalf of clients
• All based on a legally compliant power of attorney

InheritSafe Poland
Dr. Joanna Susło, Ph.D., Attorney-at-Law
E-mail: [email protected]
Mobile / WhatsApp: +48 668 841 990

FAQ: What Does Inheritance in Poland Mean?

Q: What is inheritance in Poland?
A: In Polish law, inheritance in Poland refers to the legal transfer of a deceased person’s assets, rights, and obligations to their heirs — either by law (statutory inheritance) or through a will (testamentary inheritance). It allows heirs to become the legal successors of the deceased, taking over all associated property rights and liabilities.

Q: Who can inherit assets in Poland?
A: In most inheritance in Poland cases, heirs are natural persons (such as children, spouses, or relatives). However, under a will, the deceased may also choose to leave their estate to a legal entity — for example, a charity, foundation, or association.

Q: Does inheritance include both assets and debts?
A: Yes. Inheritance in Poland includes both assets (such as property, bank accounts, or valuables) and certain financial obligations. That’s why it’s important to seek legal advice before accepting an inheritance — especially from abroad.

FAQ: What Is Statutory Inheritance in Poland?

Q: What is statutory inheritance in Poland?
A: Statutory inheritance in Poland occurs when the deceased person did not leave a valid will. In such cases, Polish inheritance law ensures that the estate is transferred to the deceased’s closest family members — typically the spouse and blood relatives.

Q: Who inherits under statutory inheritance in Poland?
A: Under inheritance in Poland, the legal order of heirs starts with the spouse and children. If there are no descendants, inheritance may pass to parents, siblings, or more distant relatives. The goal is to keep the estate within the family.

Q: Are there other cases when statutory inheritance applies?
A: Yes. While statutory inheritance usually applies when no will exists, it can also apply in specific legal situations — for example, when a will is invalid or an heir renounces the inheritance.

Q: Do I need to be in Poland to manage statutory inheritance?
A: No. Our legal team handles the entire inheritance in Poland process remotely. We represent clients from abroad, so there’s no need for you to travel to Poland.

FAQ: Who Inherits Under Polish Statutory Inheritance Law?

Q: Who are the legal heirs under statutory inheritance in Poland?
A: Polish inheritance law defines several priority groups of heirs when no valid will exists. Statutory inheritance in Poland follows a specific order based on family closeness to the deceased.

Group I: Children and Spouse

Q: Who inherits first under Polish inheritance law?
A: In the first group, the inheritance in Poland is divided equally among the deceased’s children and spouse. However, the spouse’s share cannot be less than 25% of the estate.

💡 Important: A spouse legally separated from the deceased before death is excluded from inheritance. If a child of the deceased has passed away, their share is inherited by their own children (i.e., the deceased’s grandchildren), and so on.

Group II: Spouse, Parents, and Siblings

Q: What happens if the deceased had no children?
A: The estate passes to the surviving spouse and parents. The spouse receives 50% of the inheritance, and the rest is shared among parents and siblings. If a parent is deceased, their share goes to the deceased’s siblings or their children. If there are no descendants or siblings, the entire estate may go to the spouse or parents.

Group III: Grandparents and Their Descendants

Q: Who inherits if the deceased had no close family?
A: If the deceased had no children, spouse, siblings, or parents, the estate goes to the grandparents, who inherit in equal parts. If a grandparent has passed away, their share goes to their children or further descendants.

Group IV: Stepchildren (Under Special Conditions)

Q: Can stepchildren inherit under statutory inheritance in Poland?
A: Yes, but only if they are the children of the deceased’s spouse and both of their biological parents are deceased. If a stepchild still has a living biological parent, they do not inherit under Polish statutory law.

Group V: The Local Municipality or the Polish State

Q: What if there are no heirs at all?
A: If no relatives or qualifying stepchildren survive, the estate passes to the municipality of the deceased’s last place of residence in Poland. If the last residence cannot be determined or was outside Poland, the estate is inherited by the State Treasury of Poland.

📌 This rule applies only to deaths after September 25, 2003.

💼 Manage Inheritance in Poland Remotely

All services related to inheritance in Poland can be handled online. Our legal team at InheritSafe Poland, led by Dr. Joanna Susło, represents clients from abroad without the need to travel to Poland.

FAQ: What Are the Key Steps in a Polish Inheritance Case?

Q: How can I check if there is a will left by the deceased?
A: Verify whether the deceased has left a will naming you as a testamentary heir. This is the first essential step in any inheritance case.

Q: What if there is no will? How do I know if I am a statutory heir in Poland?
A: If no will exists, confirm your status as a statutory heir according to Polish inheritance laws, which specify the legal order of succession.

Q: What declarations do I need to make regarding the inheritance?
A: You must submit a declaration to either accept or reject the inheritance. Additionally, consider preparing an inventory list (spis inwentarza) to limit liability for any debts associated with the estate.

Q: How do I officially confirm my inheritance rights?
A: Apply to a court or a notary public for a formal confirmation of inheritance acquisition (known as poświadczenie dziedziczenia or stwierdzenie nabycia spadku).

Q: What about inheritance tax?
A: File a declaration to either claim an exemption from inheritance tax or to pay the due tax within the statutory deadlines.

Q: What official registers should I notify about my rights?
A: Disclose your inheritance rights in the relevant registers, such as the Land and Mortgage Register (KW), the National Court Register (KRS) for companies, and others as applicable.

Q: How do I access the deceased’s bank accounts?
A: Contact banks to request information about the deceased’s funds and arrange for the transfer of those funds in accordance with inheritance procedures.

FAQ: Understanding Wills (Testaments) in Inheritance in Poland

Q: What is a will (testament) in the context of inheritance in Poland?
A: A will is the only legal act through which an individual can arrange the distribution of their estate upon death. It expresses the last wishes of the testator regarding their assets and comes into effect only after the testator’s death. Until then, a will does not grant any legal rights or obligations.

Q: What are the key legal characteristics of a will under Polish law?

A: A will is:

• Unilateral: It does not require acceptance by any other party.
• Personal: The testator must express their will personally; it cannot be made by a representative. This means joint wills (e.g., with a spouse) are not allowed.
• Non-directed: The will is a general declaration of the testator’s wishes about giving assets to certain individuals or entities.
• Revocable: The testator can change or revoke the will at any time during their lifetime, in whole or in part.

Q: Who can make or revoke a will in Poland?

A: According to Article 944 of the Polish Civil Code, only a natural person with full legal capacity can create or revoke a will. This excludes:

• Persons under 18 years of age (except minors aged 16 or over who are legally married with court permission).
• Persons partially incapacitated.
• Persons fully incapacitated.

FAQ: How to Revoke a Will (Testament) in Inheritance in Poland?

Q: How can a will be revoked under inheritance law in Poland?
A: There are three main ways to revoke a will in Poland:

1. By creating a new will:
   If the testator drafts a new will without explicitly stating that the previous will is revoked, only those provisions in the earlier will that conflict with the new one are considered revoked.
2. By destroying or invalidating the will:
   This method applies mainly to written wills (documentary wills). However, if there are multiple identical wills created at the same or different times, revoking one does not automatically invalidate the others unless specific circumstances apply (Supreme Court ruling from 23.11.2011, IV CSK 141/11).
3. By amending provisions in the existing will:
   Changes made to the terms of an existing will can serve as a partial revocation or modification of its content.

FAQ: How Should a Will (Testament) Be Interpreted in Polish Inheritance Law?

Q: How is a will (testament) understood under Polish inheritance law?
A: According to Article 948 of the Polish Civil Code, a will must be interpreted in a way that best fulfills the testator’s intent. When analyzing the content of a will in inheritance cases in Poland, all relevant circumstances should be considered, such as family relationships, the testator’s personal relations, and other statements included in the will.

If a will can be interpreted in different ways, the interpretation that preserves the validity of the testator’s dispositions and gives them a reasonable meaning should be chosen. This means that when interpreting wills in Poland, the preferred interpretation is the one that avoids invalidating the will wholly or partially, while ensuring the testator’s wishes are respected with logical and coherent content.

FAQ: What Types of Wills Are Recognized Under Polish Inheritance Law?

Q: What kinds of wills are allowed in Poland?
A: The Polish Civil Code recognizes several permissible forms of wills under Polish inheritance law. These include:

• Common (ordinary) wills, which are the most typical way to express last will and testament in Poland.
• Special forms of wills, which apply in specific legal circumstances when ordinary forms cannot be used.

Our focus is on the common forms of wills used for inheritance in Poland, which enable individuals to legally arrange their estate according to their wishes.

FAQ: What Is a Holographic Will Under Polish Inheritance Law?

Q: What is a holographic will in Poland?
A: A holographic will (known as testament holograficzny in Polish) is a handwritten will made entirely by the testator without the involvement of a notary, official, or witnesses. Under Polish inheritance law, the testator must write the entire content of the will by hand, sign it, and include the date of its creation.

It is important to note that wills typed on a typewriter, computer, or other technical devices are not valid as holographic wills, even if the testator personally prepared the text.

Q: Can a holographic will be written in any language?

A: Yes, the will may be written in any language the testator is fluent in, including their native language or a foreign language.

Q: What are the requirements for signing a holographic will in Poland?

A: The testator must sign the will by hand. If health issues prevent the testator from signing independently, a third party may assist by physically supporting the testator’s hand, but the testator must still control the signing process.

• Initials or paraphrases do not count as a valid signature.
• The signature should include at least the testator’s surname, preferably full name.
• The signature must be placed underneath the will’s text.
• Absence of a valid signature invalidates the will.

Q: Does the testator need to notify anyone or deposit the holographic will somewhere?

A: No notification or deposit is legally required, but the testator can voluntarily deposit the will with a notary public in Poland. This is regulated under Article 106 of the Polish Notarial Law, allowing the notary to securely hold documents, including wills, even in sealed envelopes.

Q: What is the Notarial Register of Wills (NORT) in Poland?

A: When depositing a will with a notary, the testator can request registration in the Notarial Register of Wills (NORT) — a free service that helps locate the will after the testator’s death.

• NORT does not contain the will’s content or personal details of heirs, but it confirms whether a will exists and in which notary’s office it is held.
• Information in NORT is only accessible after the testator’s death.
• Access to the will’s contents requires a legal interest under Polish inheritance law.
• After presenting a death certificate, heirs, creditors, and probate courts can verify the existence of the will through NORT.

More information about NORT can be found here: https://rejestry-notarialne.pl/29.

 

FAQ: What Is a Notarial Will Under Polish Inheritance Law?

Q: What is a notarial will in Poland?
A: A notarial will (testament notarialny in Polish) is a will prepared by a notary public, offering a higher guarantee of validity and effectiveness compared to other types of wills. However, under Polish inheritance law, it holds equal legal standing to other valid will forms.

Q: Who can prepare a notarial will?

A: Primarily, a notary public drafts the notarial will in their office. In special cases, such as when the testator is immobile, the notary may perform the act outside the office. Additionally, a notarial substitute or a Polish consul (with written ministerial authorization under the Vienna Convention of 1963) can prepare the will.

Q: Are witnesses required for a notarial will?

A: Unlike holographic (handwritten) wills, witnesses are not required for notarial wills. However, third parties can be present during the will’s preparation. If present, their attendance and signatures must be recorded in the notarial deed alongside the testator’s.

Q: Does the testator need to write the notarial will by hand?

A: No, the notarial will does not have to be handwritten by the testator, making it suitable for persons who cannot write or read Polish.

Q: Who benefits most from the notarial will form?

A: The notarial will is especially recommended for:

• Persons who are deaf, mute, illiterate, or blind
• Those with severe vision impairments
• Individuals who do not understand the Polish language

In these cases, the notary follows extra procedural safeguards as required by Polish notarial law.

Q: What happens to the original notarial will document?

A: The original notarial will is securely stored by the notary and cannot be removed from their custody. After 10 years or if the notary ceases practice, the will is transferred to the land and mortgage registry archive (archiwum wieczystoksięgowe).

Q: Is registration in the Notarial Register of Wills (NORT) mandatory for notarial wills?

A: No, registration in the Notarial Register of Wills (NORT) is not a formal requirement for notarial wills. However, notarial wills and handwritten wills deposited with the notary can be voluntarily registered in NORT, which helps locate wills after death.

FAQ: What Is a Notarial Will Under Polish Inheritance Law?

Q: What exactly is a notarial will in Poland?
A: A notarial will (testament notarialny in Polish) is a will prepared by a notary public, providing a higher guarantee of validity and effectiveness compared to other will types. However, under Polish inheritance law, it is legally equal to other valid forms of wills.

Q: Who is authorized to prepare a notarial will in Poland?
A: Typically, a notary public drafts the will in their office. In special circumstances, such as when the testator cannot move, the notary may perform the act outside the office. Additionally, a notarial substitute or a Polish consul (with written ministerial authorization under the Vienna Convention of 1963) can prepare the will.

Q: Are witnesses necessary when creating a notarial will in Poland?
A: Unlike holographic (handwritten) wills, notarial wills do not require witnesses. However, third parties may be present during the procedure. If present, their attendance and signatures must be documented in the notarial deed alongside the testator’s.

Q: Must the testator personally write the notarial will by hand?
A: No. The notarial will does not have to be handwritten by the testator. This makes it suitable for persons who cannot write or read Polish, including those with disabilities.

Q: Who benefits most from using a notarial will under Polish law?
A: The notarial will form is particularly recommended for:

• Persons who are deaf, mute, illiterate, or blind
• Those with severe visual impairments
• Individuals not fluent in the Polish language

In these cases, the notary follows additional procedural safeguards as required by Polish notarial regulations.

FAQ: What Does „Unworthiness to Inherit” Mean Under Polish Inheritance Law?

Q: What is unworthiness to inherit in the context of Polish inheritance law?
A: Unworthiness to inherit occurs when a person acts against the deceased (spadkodawca) by violating the freedom to determine the order of inheritance or interfering with the will, yet still inherits. The court may declare such a person unworthy if they:

• Willfully committed a serious crime against the deceased,
• Used deceit or threats to coerce the deceased into making or revoking a will, or prevented them from doing so,
• Deliberately hid, destroyed, forged, altered the will, or knowingly used a forged or altered will.

Q: What are the consequences of being declared unworthy to inherit under Polish law?
A: Being declared unworthy excludes the heir from inheritance as if they had died before the estate was opened. In statutory inheritance, this means the inheritance rights pass to the next heirs entitled by law.

Q: Who can file a claim to have someone declared unworthy to inherit in Poland?
A: Any person with a legal interest in the matter may bring a lawsuit to declare someone unworthy to inherit.

FAQ: What Is a Forced Share (“Zachowek”) Under Polish Inheritance Law?

Q: What does “zachowek” (forced share) mean in Poland?
A: Zachowek is a portion of the inheritance, usually half or two-thirds of the statutory share, reserved for certain close relatives of the deceased (the spadkodawca), such as children, grandchildren, spouse, and parents, who would inherit by law but were omitted in the will.

Q: Who is entitled to claim a forced share under Polish inheritance law?
A: Eligible heirs who were left out or undercompensated in the will, gifts, or legacy can claim payment from the heirs to cover or supplement their zachowek.

Q: How is the amount of the forced share calculated in Poland?
A: If the entitled person is permanently unable to work or a minor descendant, the forced share equals two-thirds of their statutory inheritance share. In other cases, it is one-half of that share. The calculation includes the net estate value plus certain additions like specific gifts or legacies as required by law.

Q: Can the testator exclude someone from the forced share (zachowek)?
A: Yes, the testator can disinherit descendants, spouse, or parents from the forced share by clearly stating valid reasons in the will. Polish law limits these reasons to a closed list defined in Article 1008 of the Civil Code, such as:

• Persistent conduct against social norms contrary to the testator’s will,
• Committing intentional crimes against the testator or close family members,
• Willful neglect of family duties towards the testator.

 

FAQ: What Happens If Heirs Cannot Agree on Inheritance in Poland?

Q: What if heirs can’t reach an agreement about inheritance in Poland?
A: When heirs are in conflict over financial matters or assets included in the inheritance in Poland, our law firm provides full legal representation in Polish court proceedings. We aim to secure the most favorable outcome for our clients under Polish inheritance law.

Q: Can you help if one of the heirs is acting unfairly or hiding assets?
A: Yes. In some inheritance in Poland cases, we also initiate court proceedings to declare an heir unworthy of inheritance if they have acted dishonestly or unlawfully.

Q: Do I need to travel to Poland for court proceedings?
A: No. All aspects of the case — including court representation — are handled remotely. You can manage your inheritance in Poland entirely online with the support of our experienced legal team.

Need Legal Assistance?

Navigating the sale of inherited property in Poland can be complex, especially for foreign heirs. For personalized guidance:

InheritSafe Poland
Dr. Joanna Susło, Ph.D., Attorney-at-Law
E-mail: [email protected]
Mobile / WhatsApp: +48 668 841 990