How many years after death can an inheritance be claimed in Poland?

How many years after death can an inheritance be claimed in Poland?

How Many Years After Death Can an Inheritance Be Claimed in Poland?

Have you discovered a potential inheritance in Poland years after someone’s passing? You may still be entitled to claim it. Polish inheritance law allows heirs to take legal action even decades after the death of a relative.

⏳ No Time Limit for Declaring Inheritance in Poland

In Poland, there is no statute of limitations for initiating inheritance proceedings. That means you can apply to the Polish court for a confirmation of inheritance (stwierdzenie nabycia spadku) at any time — even if the person died 10, 20 or more years ago.

This applies both in cases where there is:

  • No will (statutory inheritance), or

  • A will that was discovered later, for example found among personal belongings long after the funeral.

A newly found testament is legally valid regardless of how much time has passed, as long as it meets the formal requirements under Polish law.

⚠️ But Some Inheritance-Related Claims Are Time-Barred

While the right to initiate inheritance proceedings is not time-limited, some financial claims connected to inheritance are subject to a statute of limitations. This includes:

1. Claim for Reserved Portion („Zachowek”)

Close family members (e.g. children, spouse, parents) may be entitled to a reserved portion of the estate, even if they were disinherited or left out of the will.
⏱ But this right must be exercised within 5 years of:

  • the opening of the inheritance (usually the date of death), or

  • when the will is officially announced.

2. Contesting a Will

You may challenge the validity of a will due to fraud, coercion, or formal errors.
⏱ However, this type of claim is typically subject to a 3-year statute of limitations from the date the claimant becomes aware of the cause for invalidation.

3. Declaring an Heir Unworthy

Polish law allows certain heirs to be declared unworthy of inheritance (e.g. due to serious harm against the deceased).
⏱ This action must also be brought within 1 year of discovering the relevant facts, and no later than 3 years from the opening of the estate.

⚖️ Why Does the Limitation Period Matter?

If you miss the legal deadline to file a claim (e.g. for the reserved portion), you lose the right to enforce it in court.
You may still request payment from the heir informally, but they can legally refuse to comply, and a Polish court or bailiff will not assist in recovery.

👩‍⚖️ Our Law Firm Can Help You:

✅ Evaluate if your inheritance claim is still valid
✅ Represent you before Polish courts — fully online
✅ Locate and secure assets in Poland
✅ Assess your right to a reserved portion or challenge a will
✅ Communicate in English, French, and Polish

💼 Initial legal opinion: 100 EUR — includes review of your documents and strategy consultation.

📞 Don’t Wait — Clarify Your Rights Today

Time doesn’t always run out in inheritance matters — but in some cases, it does.
Get professional legal advice before it’s too late.

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

How to Interpret a Testator’s Will from Poland? – Inheritance in Poland – legal services