How long does an inheritance procedure in Poland last?

How long does an inheritance procedure in Poland last?

In order to inherit an estate and money in Poland, an inheritance procedure must be conducted in a Polish court. Sometimes it is possible to settle the matter at a notary’s office, but when all the heirs cannot or do not want to settle the matter amicably, the only option left is the court.

In order to apply for a declaration of inheritance in Poland, a number of documents must be completed (death certificate, birth certificates of the heirs, marriage certificate, etc.). Some documents, if not written in Polish by the Polish authorities, must be translated by a Polish sworn translator.

Why is it necessary to file certificates of civil status with the Polish probate court?

With the help of our law firm, the time needed to complete the file for the court is about 7 days. We are able to obtain the necessary civil status certificates from the Polish authorities and translate the documents during this period.

Once the documents are complete, you can apply to the Polish inheritance court. First, the court assigns a file number to the case and then checks whether all the documents have been provided and whether the application has been properly drafted. If there is any doubt, for example about the order of succession, the court may ask the heirs to provide additional details. Such a follow-up procedure may take approximately 1 to 2 months.

In the next step, once everything is clear, the court sets a date for a hearing. Generally, the first hearing is set by the Polish inheritance court within two up to six months from the date of receipt of the application.

Who should appear at the hearing regarding the acquisition of a Polish inheritance?

The hearing itself is not long and usually lasts no more than an hour. The court asks a series of questions aimed at determining whether there was a will, how many heirs there are, whether there were previous succession cases, whether someone made a declaration of inheritance, such as a rejection of the inheritance, or whether someone was declared unworthy of inheritance.

The most common objections to a will in a Polish succession case?

The Polish inheritance procedure requires that the case be heard at least once in court. If there is no doubt in the case, the Polish inheritance court renders its judgment at the first hearing.

The judgment is final within 14 days from the date of its announcement provided that neither party appeals.

In general, it can be assumed that an inheritance case in Poland takes at least 6 months from the date of filing an application with a court in Poland, provided that the application does not contain formal defects.

What to do when the inheritance was received by someone else?

General Rules of Inheritance law in Poland