Inheritance in Poland for foreigners

Every person who inherits in Poland should be aware that the case for confirming inheritance from a Polish decedent is handled by the Polish probate court in the district where the decedent had their permanent residence before death. This is usually the place where the decedent passed away.

This follows from Article 628 of the Polish Code of Civil Procedure, which addresses the local jurisdiction of courts in inheritance matters. According to this provision: “For proceedings in probate matters within the scope of court jurisdiction, the court of the decedent’s last habitual residence is exclusively competent, and if their habitual residence in Poland cannot be established, the court of the location where the estate or part of it is situated (the probate court). In the absence of these grounds, the probate court is the district court for the city of Warsaw.”

Another important issue is that foreign heirs do not need to appear in person in court in Poland. It is possible to handle all inheritance formalities remotely, but in such cases, it is necessary for the heir to be represented in Poland by an attorney.

This is a result of the Covid-19 pandemic, which has altered the Polish judicial system. The Polish judiciary has undergone many changes, including the ability to conduct remote hearings.

Thirdly, in order to initiate an inheritance confirmation case in Poland, it is necessary to gather birth certificates (for men) and marriage certificates (for women who have changed their last name) for all heirs. These documents must be original and will not be returned.

Civil status records have a special character, and as follows from Article 3 of the Polish Civil Status Records Act, civil status records constitute exclusive proof of the events they certify. The exclusivity principle of these records means that only on their basis, and considering their content, can the “family identification” of statutory heirs with the decedent be established. Civil status records cannot be replaced by other evidence — such a legal principle was adopted by the Polish Supreme Court in a resolution dated October 24, 2001, file reference III CZP 64/01, and a ruling dated November 16, 2016, file reference I CSK 807/15.

Fourthly, to ensure that the inheritance proceedings in Poland conclude quickly and efficiently, it is necessary to have the addresses of all potential heirs and provide these addresses to the probate court so they can be informed that such a case has been initiated.

Finally, it is worth noting that in a case for confirming inheritance, the court in Poland does not deal with the division of inherited property. The decision confirming inheritance, however, is a document that allows the initiation of a second case before the probate court for the division of the inherited estate from the Polish decedent. Such a process will only take place if the heirs do not reach an agreement on how to divide the inherited property — for example, a lack of agreement among all heirs regarding the sale of an inherited apartment in Poland or the withdrawal of money from a Polish bank account. The court in Poland, during the division of the estate, may assign the property to one of the heirs, who will then make payments to the others under terms established by the court. Who takes over the property and the terms of payment to other heirs will be determined based on the factual situation of all heirs and expert opinions called in the case.

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Polish inheritance law and acquisition of inheritance in Poland by a foreigner and a person residing outside Poland