Wills and Inheritance in Poland – FAQ for Heirs Abroad

⚖️ Dr. Joanna Susło — Expert Polish Inheritance Lawyer

Understanding inheritance law in a foreign country can be confusing. Whether you are a Polish citizen living abroad or a foreign national inheriting property in Poland, this Q&A guide will help you navigate the essentials of wills and inheritance under Polish law.

Can a will in Poland be written at home, or must it be made before a notary?

Yes, Polish law allows two common types of wills:

A notarial will, created and certified by a public notary.
A handwritten will (holographic), which you can draft at home without legal assistance.

When is it better to use a notary to make a will?

A notarial will is strongly recommended if:

You are unsure about legal formalities.
You want legal certainty and professional support.
You wish to include a specific bequest (zapis windykacyjny) – this requires a notarial form.

Notarial wills are subject to fees, but they ensure maximum clarity and legal enforceability.

Is a handwritten will legally valid in Poland?

Yes, as long as it meets all formal conditions:

It must be fully handwritten by the testator (not typed or dictated).
It must include the date of drafting.
It must be signed by the testator.

There is no cost to making a handwritten will, but it is important to meet these requirements, or the will may be invalid.

What is the NORT – Notarial Register of Wills?

NORT (Notarialny Rejestr Testamentów) is Poland’s official Notarial Register of Wills, maintained by the National Council of Notaries.

Its purpose is to:

Prevent wills from being lost or hidden.
Make it easier for heirs to find and confirm the existence of a will after the testator’s death.
Support faster and more accurate inheritance procedures.

Can any will be registered in NORT?

Yes, but with conditions:

Notarial wills are usually registered automatically upon request.
Handwritten wills can also be registered, but only if they are physically deposited with a notary.

Is registering a will in NORT mandatory?

No, registration is entirely voluntary. However, it is strongly recommended, especially for people living abroad or with complex family structures.

The request to register must be made by the testator, often during the notarial appointment or at the time of will deposit.

Who can access the NORT register?

During the testator’s lifetime:

No one (not even family members) can access or verify entries in NORT.

After death:

A notary can access the register only after being shown official proof of the testator’s death (such as a death certificate).
The register will then show if the deceased left any registered wills.

How do heirs request information from the NORT register?

A formal written request must be submitted to a notary. It must include enough details to identify the deceased, such as:

Full name,
PESEL number (if applicable),
Date of birth and death.

Are there costs for registering or searching the NORT?

Registering a will in NORT is free of charge.
Additional costs may apply if the notary drafts a protocol for depositing a handwritten will or performs a search after death – up to 200 PLN.

Is it worth registering a will in NORT?

Yes. Registration provides clear benefits for both:

The testator – ensuring their will is known and followed.
The heirs – reducing delays, confusion, or legal disputes.

If a will is not registered and no one knows it exists, the estate may be distributed under statutory inheritance rules, even if the testator intended otherwise.

Key Takeaways for Heirs Abroad

A handwritten will is legal, but a notarial will offers stronger legal protection.
NORT is an important tool to ensure a will is discovered and enforced.
Heirs should check with a Polish notary after the testator’s death to verify whether a will is registered.
Registration is voluntary but highly advisable.
Not knowing about an existing will can result in entirely different heirs inheriting, under Polish intestate law.

FAQ: Inheritance in Poland – Will Opening and Probate Explained

Who is responsible for submitting the will to the court in Poland?

Anyone in possession of a will is legally required to submit it to the Polish probate court after the testator’s death, unless the original was deposited with a notary beforehand. This applies even to wills that are revoked or deemed invalid by the holder. Failing to fulfill this duty may result in a fine of up to 3,000 PLN or financial liability. This is a key step in handling inheritance in Poland.

When does the obligation to submit the will arise?

The obligation to submit the will takes effect only after the testator’s death. There is no requirement to act beforehand. This rule ensures that the process of inheritance in Poland respects the testator’s privacy and last wishes until their passing.

What happens if someone is hiding the will?

If a beneficiary or interested person suspects someone is withholding a will, they do not need to retrieve it personally. They should report it to the inheritance court in Poland, which will summon the individual and may issue an official order requiring submission of the will. This protects the integrity of inheritance in Poland proceedings.

Why is opening and announcing the will important?

The official opening and announcement of the will confirms the document’s existence and allows its content to be legally recognized. It also serves as a way to preserve its contents in case of loss or destruction. In any matter of inheritance in Poland, this is a fundamental step to ensure the correct distribution of the estate.

Does the court verify the will’s validity during the opening?

No. The will opening is only a preliminary step. It does not confirm the will’s full validity or legal effect. That will happen during the confirmation of inheritance process. At this later stage, the court may determine if the will is invalid due to, for example, the testator’s mental incapacity. This system protects heirs involved in inheritance in Poland from fraudulent or contested documents.

Can a printed and signed will be valid in Poland?

No. Under Polish law, a handwritten will must be written entirely by hand and signed by the testator. A computer-typed document, even if signed, is not valid. This strict formality ensures authenticity and is a cornerstone of valid inheritance in Poland procedures.

Can a destroyed or lost will still be recognized?

Yes, in some cases. If a will has been destroyed or lost, it may still be legally recognized if there is reliable proof of its contents and existence. This situation often arises in contested inheritance in Poland cases and is evaluated carefully by the court.

Should the will be opened by a notary or a court in Poland?

Both options are valid. If there are no disputes between heirs, opening the will with a notary is usually faster. However, in more complex or contested cases, it is often better to handle the process through the inheritance court in Poland.

What happens during the will opening?

During the will opening, the notary or judge reads the will aloud and assesses its formal condition. A protocol (official record) is prepared. If there is more than one will, each is opened and reviewed. This marks the beginning of the formal inheritance in Poland process.

What documents are required to open a will?

To open and announce a will with a notary, you usually need:

The original will
The testator’s death certificate
ID of the person requesting the action

These are essential documents in handling inheritance in Poland.

Are heirs notified after the will is opened?

Yes. After the will is opened and announced, the notary or court will notify (if possible) the heirs, executor, temporary representative, or court-appointed curator. This ensures that all parties involved in inheritance in Poland are aware of their legal position.

Where is the will stored after it’s opened?

The will and the official protocol of opening are stored in the probate court unless held by a notary. However, upon request, the notary must forward all related documents to the court. This preserves the continuity and legality of inheritance in Poland proceedings.

What are the next steps after opening a will in Poland?

Opening and announcing the will triggers the timeline for several legal actions, including:

A 6-month deadline to accept or reject the inheritance
A 2-year deadline to establish a foundation under the will
The possible start of a lawsuit for a reserved share (zachowek)

These deadlines are crucial for anyone involved in inheritance in Poland, especially for heirs living abroad.

FAQ – Inheritance in Poland and Specific Legacy Explained

What is a specific legacy (zapis windykacyjny) in Polish inheritance law?
A specific legacy is a legal instruction included in a notarial will that grants a specific person immediate ownership of a designated asset at the moment of the testator’s death. This form of legacy is unique to inheritance in Poland and allows the testator to directly assign particular assets, such as a house or shares in a company, to someone outside or inside the group of heirs.

Can any type of will include a specific legacy?
No. Under Polish inheritance law, a specific legacy is only valid if it is included in a notarial will. If it is included in a handwritten or oral will, it has no legal effect. This requirement is strictly enforced in all matters concerning inheritance in Poland.

What kinds of property can be transferred via specific legacy in Poland?
Only certain items can be included in a specific legacy:

Individually identified movable or immovable property
Transferable property rights (e.g., perpetual usufruct, cooperative ownership rights to an apartment)
A business or agricultural farm
The right of usufruct or servitude
All rights and obligations of a partner in a personal partnership

This list is exhaustive, meaning no other items – like cash or items described only by type – can be transferred through specific legacy. This is a common point of confusion in inheritance in Poland.

What happens if the testator no longer owns the asset at the time of death?
If the asset described in the specific legacy no longer belongs to the deceased (because it was sold or promised to someone else), the legacy becomes legally ineffective. In such cases, the recipient has no claim to the asset under Polish inheritance law. This is an important risk when handling inheritance in Poland involving specific legacies.

Can the specific legacy be made to anyone, including minors or companies?
Yes. A specific legacy can be granted to:

A natural person (regardless of age)
An unborn child (provided the child is later born alive)
A legal entity, such as a foundation or limited liability company (sp. z o.o.)

In the case of minors, legal guardians and family court approval may be required before the asset can be transferred. This flexibility supports various estate planning goals within inheritance in Poland.

Can someone else be appointed to choose the beneficiary of a specific legacy?
No. The beneficiary must be clearly and directly named by the testator. Delegating the choice to a third party invalidates the legacy. Courts in Poland strictly enforce this rule to protect the legal clarity of inheritance in Poland.

What are the rules for naming multiple people in a specific legacy?
If the testator names multiple people for one item and does not specify the shares, Polish law presumes equal shares. This applies whether the beneficiaries are family members or unrelated individuals, and it ensures fairness in the process of inheritance in Poland.

Can a specific legacy be made with a condition or future date?
No. Adding a condition (e.g., “if he graduates from university”) or setting a future date (“only after five years”) to a specific legacy renders it invalid. These clauses are disregarded, and in some cases, they may void the entire legacy. This strict approach maintains the clarity of inheritance in Poland.

When does the beneficiary acquire ownership of the asset?
Ownership is transferred automatically at the moment of the testator’s death, assuming the notarial will is valid and the asset still belongs to the deceased. However, the beneficiary has six months to accept or reject the legacy once they learn about it – typically the date of death or the announcement of the will. This automatic transfer is a key feature of inheritance in Poland involving specific legacies.

Is the specific legacy beneficiary liable for the testator’s debts?
Yes, but only up to the value of the asset they received. Until the estate is formally divided, creditors can demand repayment from either the heirs or the specific legacy beneficiary. Once the estate is divided, each person is responsible in proportion to what they received. This rule is designed to protect all parties involved in inheritance in Poland.

Can a specific legacy be made from jointly owned marital property?
Yes. There is no legal obstacle to making a specific legacy from marital joint property, including real estate or a family farm. However, if at the time of death the deceased no longer owns the asset, the legacy becomes ineffective. Always confirm asset ownership when managing inheritance in Poland.

What if a foundation is named in the specific legacy but is not registered yet?
If the foundation is created in the will and is entered into the National Court Register (KRS) within two years of the will’s announcement, it can lawfully receive the specific legacy. This allows for flexible estate planning in inheritance in Poland, including charitable giving.

What if the legacy seems invalid due to unclear beneficiary details?
The Polish Supreme Court requires that the beneficiary be properly identified by name or by a clear family/legal relationship to the testator. A vague or general reference (e.g., „a trusted friend”) will make the specific legacy void. Clarity is essential in all cases of inheritance in Poland.

Can a Polish court take a lost will into account during inheritance in Poland?
Yes. In matters of inheritance in Poland, a court may consider a lost will if it is convinced—based on strong evidence—that the will existed, was valid, and was not revoked before the testator’s death. This often happens during proceedings for confirmation of inheritance rights.

What should I do if I know the deceased wrote a will, but we cannot find it?
Even if the will is missing, all heirs are legally obligated to inform the court about any known wills when dealing with inheritance in Poland. You should try to gather any evidence showing the will’s existence—such as letters, testimonies from people the deceased spoke to, or mentions in conversations.

How can I convince the court to recognize a lost will in inheritance in Poland?
You must present consistent and credible evidence. This may include:

Testimonies from people the deceased confided in about the will
Written statements or letters from the deceased referencing the will
Proof that the deceased expressed specific wishes aligned with the lost document

The court will assess the evidence very cautiously to avoid potential manipulation of the inheritance process in Poland.

What kind of evidence is useful to prove a lost will existed?
Courts dealing with inheritance in Poland often consider:

Witness testimony (e.g., neighbors, friends, family)
Written communications from the deceased mentioning the will
Situational evidence showing that a will was likely created and misplaced without intent to revoke

Each case is unique, and outcomes depend on how well the facts are presented and supported.

What happens if someone deliberately hides or destroys a will?
Under Polish inheritance law, intentionally hiding or destroying a will may result in that person being declared unworthy to inherit. This includes being excluded from the estate and even losing their right to a forced share (legitimate portion).

Is it possible to completely disinherit someone who destroyed or concealed a will?
Yes. If you can prove that a person intentionally destroyed or concealed the will, they may be disqualified from inheritance in Poland entirely—including any right to the statutory share (zachowek).

What if the deceased verbally mentioned writing a will but it was never found?
If the court is presented with sufficient and reliable testimony confirming the existence and content of such a will, and that it was not revoked, the court may recognize it in the inheritance process in Poland.

Does the court always accept such testimony about a lost will?
No. Courts in Poland are extremely cautious. Your case must include a coherent narrative and strong supporting evidence. Even small inconsistencies may lead to the court dismissing the lost will claim during inheritance proceedings in Poland.

Can a valid will in Poland be made before a mayor or local official?
Yes. Under Polish law, a testator can make a valid will by declaring their last will before a mayor (wójt), town mayor (burmistrz), or city president (prezydent miasta). The official then records this declaration in an official protocol. This type of will is legally binding and part of formal inheritance in Poland.

Is an oral will valid for inheritance in Poland?
In exceptional situations—such as imminent danger to life or natural disasters—Polish law allows for an oral will. However, such wills are more vulnerable to legal challenges and must be supported by witness testimony. They are not commonly used in standard inheritance in Poland procedures.

Can a will made before a notary be challenged in Poland?
Yes, although it is the most difficult type of will to challenge. During inheritance in Poland, notarial wills are presumed to have been made under proper conditions because the notary ensures the testator is aware, acting freely, and not under duress. However, Polish courts do accept evidence proving the contrary.

How can someone challenge a notarial will during inheritance in Poland?
To challenge a notarial will, one must usually present strong evidence, such as expert medical opinions or witness statements, showing that the testator was not of sound mind at the time of signing the will. This may involve testimony that contradicts the notary’s observations.

What role do medical records play in questioning a will’s validity?
Medical records can be crucial in inheritance in Poland cases. A court expert may analyze them to assess whether the testator was capable of understanding and expressing their will when the document was signed. Such evidence can override a notary’s statement in certain cases.

Is it easier to invalidate a handwritten will in Poland?
Yes. Handwritten wills (testamenty własnoręczne) are easier to challenge during inheritance in Poland. It is more straightforward to show that the person lacked mental capacity or was influenced by others. These wills also risk being declared invalid due to missing formal requirements (e.g., lack of signature or handwritten form).

How can a will made before a mayor or city official be contested?
These types of wills can be invalidated by proving procedural errors—such as not recording the testator’s statement correctly or failing to meet the formal requirements set by law. Formal irregularities are a common basis for contesting this form of inheritance in Poland.

Is it common to challenge wills in inheritance proceedings in Poland?
While most wills are respected by courts, challenges do happen—especially in cases where the inheritance in Poland involves large estates or complex family dynamics. The likelihood of success depends on the type of will and the strength of evidence presented.

Can a will in Poland be considered invalid due to obvious formal mistakes?
Yes. During inheritance in Poland, courts often find wills invalid if they contain clear formal errors. For example, a joint will (made by more than one testator) or a handwritten will without the testator’s signature will be declared invalid. A printed will with a handwritten signature is also not acceptable under Polish law.

Does a handwritten will in Poland need a date to be valid?
A handwritten will (testament holographe) should include the date. While the absence of a date does not always invalidate the will, it can raise serious legal issues during inheritance in Poland, especially if there are multiple versions or questions about the testator’s capacity at the time of writing.

Can a will be contested on the grounds that it wasn’t written entirely by the testator?
Yes. If there is doubt about whether the testator wrote the will themselves, a forensic handwriting expert (graphologist) may be appointed by the court. During inheritance in Poland, you can present samples of the testator’s handwriting (e.g. personal letters, cards, government forms) to support your claim.

Is it possible to request official handwriting samples during an inheritance case in Poland?
Yes. Polish courts can contact public institutions (e.g., tax offices, passport authorities) to obtain documents signed by the deceased for comparison. This is often necessary in inheritance in Poland cases where forgery is suspected.

When can a will be invalidated due to the testator’s mental state?
A will may be contested during inheritance in Poland if the testator lacked the mental capacity to understand their actions—due to illness, old age, or psychological conditions. However, not every health issue leads to invalidation. Only a significant impairment, proven through medical documentation and expert opinion, is considered.

How is mental incapacity proven in Polish inheritance cases?
Courts often rely on expert psychiatric opinions. These experts evaluate medical records and witness testimony (from family, neighbors, caregivers) regarding the testator’s behavior—such as confusion, memory loss, erratic speech, or inability to recognize others. This is a key part of inheritance in Poland proceedings.

Can a will be challenged if the testator was pressured or manipulated?
Yes. If you can show that the testator made their will under duress, coercion, or psychological pressure, the will can be voided. During inheritance in Poland, evidence of dependency on the person benefiting from the will—due to illness, age, or emotional manipulation—can be very persuasive in court.

Is it difficult to prove a will was made under pressure in Poland?
These cases are complex, but not impossible. Testimony showing that the testator relied heavily on a specific heir (for care or support) and made unexpected inheritance decisions—like disinheriting close relatives—can help convince the court that undue influence played a role. This is particularly relevant in contested inheritance in Poland cases.

What if I was left out of the will—do I still have rights under Polish law?
Yes. Even if you are excluded from a will, you may be entitled to a legitimate portion (zachowek) of the estate. This right is protected under Polish inheritance law and applies to close family members. Many heirs opt to pursue this claim instead of attempting to invalidate the will.

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