Are you a beneficiary of an estate in Poland? Learn how the inheritance process works and what to watch out for.

Probate proceedings under Polish law are entirely different from how inheritance matters are formally handled in the United States. Polish law does not recognize the estate as a separate legal entity. As a result, the estate itself does not have an administrator or executor responsible for settling the estate with creditors and beneficiaries. Unlike the rules applicable in the U.S., the estate does not pay the debts of the deceased. The heirs remain liable for the debts. Therefore, if you are already a party to probate proceedings in Poland, it is important to participate in them to avoid problems that may later need to be resolved by the heir.

What does the procedure look like?

In Poland, in order to formally confirm inheritance rights, heirs should initiate proceedings before a probate court or go to a notary to obtain a deed of succession certification. In court proceedings, all statutory heirs are parties to the case – in the case of intestate succession or both intestate and testamentary heirs – in the case of succession based on a will. The court is required to hold
a hearing. The role of an administrator or executor, as known in U.S. law, does not exist. Although under Polish law a testator may appoint a testamentary executor. Such a person may manage the entire estate, a part of it, or a specific asset. However, their powers are significantly more limited than those of an executor or administrator appointed in the United States.

The result of the proceedings is issuing a court decision confirming who inherits from the deceased, on what basis, and in what shares. However, in proceedings for confirmation of inheritance, the Polish court does not divide specific estate assets among heirs and does not deal with the debts of the deceased. A similar result (confirmation of heirs and their shares) can be obtained through a notarial deed of succession certification in Poland or by obtaining a European Certificate of Succession.

Who can initiate probate proceedings in Poland?

Proceedings for confirmation of inheritance may be initiated by any person who has a legal interest. Most often these are heirs, but this right is also granted to, for example, creditors of the deceased or co-owners of real estate held jointly with the deceased.

Is probate in Poland mandatory?

There is no legal provision requiring heirs to initiate probate proceedings within a specific time. However, without a formal document in the form of a court decision or a notarial deed of succession certification, heirs may in some situations be unable to prove their rights to the estate. This is particularly important in the case of real estate located in Poland. Without such a formal document, for example it is not possible to register ownership in the land and mortgage register, which in practice prevents the sale of the property. Importantly, probate proceedings conducted in the United States do not make it possible to prove rights to real estate located in Poland and do not allow its sale, as explained in detail in the article. 

What are the benefits of completing probate proceedings in Poland?

Completing probate proceedings in Poland allows for formal confirmation of legal succession, which is effective also in other proceedings, such as administrative proceedings or proceedings for registration of ownership in the land and mortgage register for real estate.

It also allows heirs to prove their rights before, for example, a bank in Poland and thus withdraw funds belonging to the deceased or sell real estate. Additionally, completing probate proceedings opens the way to the division of the estate, i.e., the actual distribution of assets among heirs.

Does confirmation of inheritance end all probate matters?

Not always. In situations where there are multiple heirs, the court’s decision confirming inheritance only establishes that they inherit from the deceased and determines the size of their shares. Until the estate is divided either by agreement or through court proceedings regarding estate division, the heirs remain co-owners of the estate. Only the division of the estate allows for the allocation of specific assets to individual heirs.

What are the benefits of estate division?

First, estate division leads to the termination of co-ownership of the estate. As a result, each heir may receive specific assets as their sole property with or without equalization payments between heirs. This is also the stage at which heirs may settle mutual claims related to the use of estate assets, in particular costs incurred, benefits collected, or income received. Heirs may also settle debts that have already been paid. An important consequence of estate division is also a change in the rules of liability for debts. After division, each heir is liable for estate debts in proportion to their share. In practice, this means that a creditor can no longer pursue the entire debt from one selected heir. It should also be noted that dissolution of co-ownership resolves potential disputes between heirs and allows full freedom in making further decisions regarding the assets.

To sum up, completing probate proceedings in Poland allows heirs to:

1. obtain clear, formal confirmation of who inherits the estate and in what shares, eliminating disputes regarding succession and rights to the estate, 
2. register ownership in the land and mortgage register for real estate owned by the deceased and then, for example, sell it, 
3. prove rights to funds held in bank accounts in Poland and withdraw them, 
4. carry out estate division of assets located in Poland and fully settle all inheritance matters. 

In some cases, inheritance matters involving assets in Poland for individuals residing in the United States may seem complex. However, proper planning of the proceedings allows for the efficient completion of all formalities, the organization of the legal status of the estate, and the avoidance of problems in future transactions concerning assets left in Poland.

KBIW supports heirs in handling all inheritance matters in Poland at every stage of the proceedings, regardless of their complexity from obtaining confirmation of inheritance, through the regulation of the legal status of the deceased’s assets, to their division, often without the need for a personal visit to Poland. Entrusting these formalities to the Law Firm allows heirs to go through the entire process in an organized and secure manner, considering their all intended goals regarding the estate, including assets located in Poland.