Inheritance in Poland

Inheritance in Poland often requires fast, precise and well-structured legal action. Whether the matter concerns statutory succession, a will, inheritance disputes, reserved share claims, or a cross-border estate, professional legal assistance helps protect the interests of heirs, beneficiaries and family members. Polish inheritance cases may involve not only the transfer of assets, but also the assessment of estate debts, formal declarations, court or notarial proceedings, and tax-related obligations. For this reason, every inheritance matter should be analysed individually and in light of the current provisions of Polish law.

Statutory and Testamentary Inheritance in Poland

Under Polish inheritance law, succession may arise from a valid will or, if no valid will exists, from statutory inheritance. In the first order of succession, the deceased’s children and spouse inherit in equal shares, provided that the spouse’s share cannot be less than one quarter of the estate. If there is no will, or if a will is invalid or ineffective in whole or in part, it becomes necessary to determine the correct statutory circle of heirs and their respective rights. In many cases, this also involves verifying family status, inheritance titles, prior donations and the legal effect of earlier acts performed by the deceased.

Acceptance or Rejection of Inheritance

One of the most important issues in any inheritance case in Poland is the decision whether to accept or reject the inheritance. As a rule, an heir has six months from the date on which he or she learned about the title to inherit to make the relevant declaration. If no declaration is submitted within that period, the inheritance is deemed accepted with the benefit of inventory, which generally limits liability for estate debts to the value of the inherited estate. Proper legal advice is crucial here, especially where the estate may include liabilities, unclear asset structures, foreign property, or multiple heirs residing in different jurisdictions.

Reserved Share and Inheritance Disputes

Polish law also protects close family members through the institution of reserved share (zachowek). Descendants, the spouse, and in some cases the parents of the deceased may be entitled to a monetary claim if they were omitted from the inheritance or received less than the minimum portion guaranteed by law. These matters frequently lead to complex disputes concerning the value of the estate, donations made during the deceased’s lifetime, testamentary provisions, and settlement between heirs. Effective legal representation is particularly important where negotiations fail and court proceedings become necessary.

Cross-Border Inheritance and Estate Proceedings in Poland

Many modern inheritance cases have an international element. Cross-border inheritance in Poland may concern heirs living abroad, a deceased person who had habitual residence in another country, or assets located in Poland, including real estate, bank funds or company interests. In such matters, Regulation (EU) No 650/2012 may affect jurisdiction, applicable law and the recognition of succession documents. Depending on the case, it may be necessary to obtain a court decision confirming the acquisition of inheritance, a deed of certification of succession, or use the European Certificate of Succession. A carefully planned legal strategy helps avoid procedural delays, conflicting claims and documentation errors.

Legal Assistance in Inheritance Matters in Poland

Professional support in inheritance proceedings in Poland may include analysing succession rights, preparing declarations on acceptance or rejection of inheritance, challenging or defending testamentary claims, pursuing reserved share claims, representing clients in court, assisting in notarial proceedings, and advising on formal tax obligations related to inherited property. This type of support is particularly valuable in matters involving family conflict, unclear legal status of assets, or estates with an international dimension. The goal is not only to identify legal rights, but also to secure an efficient and practical solution adapted to the specific circumstances of the case.

If you need reliable legal assistance in a matter involving inheritance in Poland, estate proceedings, reserved share, or cross-border succession, it is advisable to act without delay. Kopeć Zaborowski Adwokaci i Radcowie Prawni provides professional support in inheritance matters and represents clients in complex succession cases. Contact us to discuss your case and receive tailored legal guidance.

Bibliography

Act of 23 April 1964 – Civil Code (Poland), Book Four: Succession.

Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on succession and the European Certificate of Succession.

European e-Justice Portal, information on succession and cross-border succession matters.

Gov.pl, official information on declaration of acceptance or rejection of inheritance.

podatki.gov.pl, official information on inheritance and inheritance tax obligations in Poland.