Inheritance from a Brother or Sister in Poland: A Guide for Foreigners

Inheritance from a Brother or Sister in Poland: A Guide for Foreigners

If you are a foreigner and need to conduct probate proceedings in Poland after the death of a brother or sister, it is important to understand the principles of inheritance within the Polish legal system. Inheritance can be complex, especially if there is no will or if there are outstanding debts. Below, we provide key information to help you understand how the inheritance process works in Poland.

Statutory Inheritance in Poland

In Poland, if the deceased did not leave a will, the inheritance is divided according to the provisions of the Civil Code. According to Article 931 § 1 of the Civil Code, the primary heirs are the deceased’s children and spouse. The spouse inherits at least one-fourth of the entire estate, while the children divide the remaining part equally. If the deceased’s child did not survive the opening of the estate, their share goes to their own children.

If the deceased had no children, the inheritance goes to the parents and the spouse. In this case, the spouse inherits half of the estate, while the parents divide the remaining part, with each parent receiving one-fourth. If one of the parents was deceased at the time of the opening of the estate, their share goes to the deceased’s siblings.

Inheritance from a Childless Person in Poland

If the deceased had no children, inheritance passes to the parents and spouse. The parents inherit equal shares of the estate, except in cases where one parent has passed away. In such cases, the share of the deceased parent goes to the deceased’s siblings. If the deceased had no parents or spouse, the entire estate is divided among the siblings and any children of the siblings.

Testamentary Inheritance in Poland

If the deceased left a will, the estate is divided according to the wishes stated in the document. A will can designate various individuals as heirs, including those outside the family, such as friends or organizations. A will allows for precise determination of who inherits what portion of the estate, including the possibility of making regular or bequest provisions—disposing of assets located in Poland and abroad.

Legitimate Portion and Inherited Debts in Poland

The legitimate portion is the right to a part of the estate that belongs to close relatives, even if they were excluded from the will. In Poland, siblings are not entitled to the legitimate portion. Therefore, if the deceased left a will or made donations, siblings cannot claim the legitimate portion.

If the deceased left debts, heirs must account for this liability. They can accept the estate with limited liability for debts or completely renounce the estate if they fear that the debts exceed the value of the estate.

Procedure for Establishing Inheritance in Poland

The first step in probate proceedings in Poland is to establish inheritance before a court or notary. Subsequently, after confirming the inheritance, the estate is divided among the heirs.

Summary

If you are a foreigner needing to conduct probate proceedings in Poland after the death of a brother or sister, it is advisable to seek the help of a Polish lawyer. Understanding Polish inheritance law, including statutory and testamentary inheritance, legitimate portions, and court procedures, is crucial for properly managing the process. Assistance from a lawyer in Poland can facilitate your understanding and navigation of the Polish legal system, speeding up and simplifying the entire inheritance process.

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