Inheriting Property in Poland as a U.S. or Australian Citizen

Inheriting Property in Poland as a U.S. or Australian Citizen
How to Claim Your Polish Family Estate
Introduction
Many people living in the United States or Australia have Polish roots — and some discover, often by chance, that their ancestors left property or land in Poland decades ago.
If you believe your Polish relatives owned real estate or assets in Poland, you might be entitled to inherit them.
The good news is: foreign citizens, including Americans and Australians, can legally inherit property in Poland.
However, the process involves specific legal and procedural steps that differ from those in common-law countries.
- Which law applies – Polish or foreign?
In most cases, Polish inheritance law applies if the deceased person (the testator) had their last place of residence in Poland.
This means that even if the heirs live abroad, the Polish court has jurisdiction over the estate.
European Union Regulation No. 650/2012 governs cross-border succession within the EU, and although the U.S. and Australia are not EU members, Polish courts often use its principles when dealing with international inheritance cases.
- How to start inheritance proceedings in Poland
To claim your inheritance, you (or your Polish lawyer) will need to:
- File a petition for the declaration of inheritance (stwierdzenie nabycia spadku) with the competent Polish district court,
- Submit proof of kinship, such as birth, marriage, and death certificates — translated into Polish by a sworn translator,
- Provide the testator’s Polish documents (e.g. Polish ID, land register extract, property deeds, if available),
- If necessary, obtain a temporary PESEL number (Polish identification number),
- Optionally, appoint a Polish attorney (adwokat) to represent you — this is often the most practical solution if you live overseas.
- Can foreigners inherit real estate in Poland?
Yes. U.S. and Australian citizens can inherit property in Poland without prior government permission if the inheritance comes from a Polish citizen.
A special permit from the Ministry of Interior is only required in rare situations — for example, when the property is located in a border zone or is classified as agricultural land exceeding a certain size.
- Taxes and double taxation
If you inherit property in Poland, you are subject to Polish inheritance tax on the value of assets located in Poland.
The good news is that Poland has tax treaties with both the United States and Australia to avoid double taxation.
This means that if you pay inheritance tax in Poland, you can usually credit or deduct it when reporting your inheritance in your home country (depending on your tax jurisdiction).
- How a Polish law firm can assist you
A local Polish attorney experienced in cross-border inheritance can:
- locate and verify property records,
- identify all legal heirs,
- handle the court process on your behalf,
- register ownership in the Polish land register (księga wieczysta),
- assist with tax compliance and asset transfer.
In many cases, you don’t need to travel to Poland — your lawyer can represent you under a properly issued power of attorney.
Conclusion
Claiming inheritance in Poland as a U.S. or Australian citizen is absolutely possible — but it requires patience, proper documentation, and knowledge of Polish legal procedures.
Working with an experienced Polish law firm can save months of effort and ensure your family’s property is legally secured in your name.
If you believe you may be entitled to Polish inheritance, it’s worth starting the process sooner rather than later — real estate values and legal costs in Poland are changing quickly.
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
Inheriting Property in Poland – FAQ for Foreigners (U.S., Australia, and Beyond)
1. Can a foreigner inherit property in Poland?
Yes. Foreign citizens can inherit property in Poland under both a will (testamentary succession) and statutory succession (when there is no will).
However, in some cases, a permit from the Polish Ministry of Interior may be required to take ownership of the property — especially if the inheritance involves agricultural land or property located in a border zone.
2. What types of inheritance are recognized under Polish law?
There are two main types:
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Statutory inheritance – when no valid will exists. In this case, the estate passes to the spouse, children, parents, siblings, and other relatives in a legally defined order.
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Testamentary inheritance – when the deceased person leaves a valid will. The heirs named in the will inherit according to the testator’s wishes, unless the will is found invalid or challenged.
3. What law applies if the deceased lived outside Poland?
If the deceased was a Polish citizen, Polish inheritance law usually applies — even if they also had another citizenship or lived abroad.
If the deceased had only foreign citizenship (e.g., U.S. or Australian), the validity of the will may be assessed under that foreign law, but Polish law governs ownership and transfer of property located in Poland.
4. Is a will made abroad valid in Poland?
A will made abroad can be recognized in Poland, provided that:
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it complies with Polish legal requirements for form (handwritten, notarial, or oral before witnesses and an official), or
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it meets the formal requirements of the law of the country where it was made.
However, the Polish court will still verify the will’s validity under the relevant national law of the deceased at the time of death.
5. What is “zachowek” – the reserved portion of inheritance?
Under Polish inheritance law, certain relatives (e.g., spouse, children, parents) have the right to claim a financial compensation called zachowek (the reserved share) if they were excluded from inheritance by a will.
This means that even if a foreigner inherits property in Poland by testament, they may have to pay compensation to other family members entitled to the statutory share.
6. When is the Ministry of Interior’s consent required?
A foreign heir (not belonging to the circle of statutory heirs) who inherits Polish property by will must usually apply for a permit from the Minister of Interior to take ownership.
This requirement does not apply when:
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the foreigner is a spouse of a Polish citizen and has lived in Poland for at least 2 years with a residence permit,
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the inheritance involves a self-contained residential apartment,
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the heir is a citizen of an EU or EEA country, or Switzerland (except for agricultural or forest land).
7. How does the court process work in Poland?
To become the legal owner of inherited property, a foreign heir must initiate a court procedure called “stwierdzenie nabycia spadku” (confirmation of inheritance).
The court determines who inherits and in what shares, and also verifies the validity of any will.
In some cases, this procedure can be replaced with a notarial deed of inheritance if all heirs agree and no dispute exists.
8. Do foreigners pay inheritance tax in Poland?
Yes. Inheritance of property located in Poland is subject to Polish inheritance tax.
However, thanks to double taxation treaties between Poland and countries such as the United States and Australia, the same inheritance is not taxed twice.
A Polish inheritance lawyer can assist in assessing and optimizing your tax obligations.
9. Do I need to travel to Poland to claim inheritance?
Not necessarily.
You can appoint a Polish inheritance lawyer (adwokat or radca prawny) to act on your behalf under a notarized power of attorney.
Your lawyer can handle court filings, translations, tax declarations, and property registration without your physical presence in Poland.
10. How can an inheritance lawyer in Poland help?
An experienced inheritance lawyer in Poland can:
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check property and land registry records,
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prepare court petitions and represent you in proceedings,
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assess whether a Ministry permit is required,
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ensure compliance with tax regulations, and
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finalize the transfer of ownership.
This professional support is especially valuable for U.S. and Australian citizens dealing with cross-border estates.
11. How long does the inheritance process in Poland take?
On average, court proceedings take 3–9 months, depending on the complexity of the case and the number of heirs.
If the case involves missing documents or requires Ministry approval, the process may take longer.
A lawyer experienced in inheritance in Poland for foreigners can significantly speed up the process.
12. Can I sell inherited property in Poland as a foreigner?
Yes — after the court (or notary) confirms your inheritance and ownership is registered in the Polish Land and Mortgage Register (księga wieczysta), you can sell, donate, or lease the property freely, unless specific restrictions apply (e.g., agricultural land regulations).