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Inheritance law in Poland governs how a deceased person’s assets pass to heirs. The two main paths are testamentary succession (spadek created by a will) and intestate or statutory succession (dziedziczenie ustawowe) when there is no will. The system also protects a reserved portion for close heirs, known as zachowek, which cannot be completely disinherited. Real estate, bank accounts, and shares form the typical asset mix that transfers through the inheritance process.
Inheritance procedures may involve a notary or a common court, depending on the case. A notary is often used for acts of inheritance (akt poświadczenia dziedziczenia) when there are no disputes. For contested matters, a probate court handles the declaration of inheritance (stwierdzenie nabycia spadku). Cross-border assets can complicate the process and may require additional jurisdictional steps.
Understanding the timelines and potential tax implications is essential. In Poland, the process may take several months in straightforward cases and longer for complex disputes or assets abroad. Working with a qualified legal professional helps ensure correct filing, proper claims, and efficient resolution.
Source: The Civil Code regulates inheritance issues including testamentary and intestate succession.
In Poland, specific, real-world scenarios often require professional legal help in inheritance matters. These examples show concrete circumstances where a qualified attorney, legal counsel, or solicitor can add value.
Polish inheritance matters are primarily shaped by titles and articles within two key legal frameworks, plus supporting regulations. The following laws are commonly cited in practice.
For current versions and textual details, consult the official legal database ISAP and government portals. These sources provide consolidated texts and the latest amendments.
Source: The Internetowy System Aktów Prawnych provides current texts of Polish laws, including the Civil Code.
Source: Inheritance and gift tax guidelines outline thresholds, exemptions, and filing requirements for Polish taxpayers.
Inheritance law covers how a deceased person’s assets pass to heirs, either through a will or by statutory rules. It also includes rights like zachowek for certain close relatives.
Begin by identifying the type of succession and collecting key documents like the death certificate and will, if any. Then decide whether to pursue a court declaration of inheritance or a notarial act.
Tax is due on inherited assets according to the value and the relation to the deceased. Thresholds and rates vary by kinship and asset type.
Filing typically occurs at a regional court or a notary, depending on whether disputes exist and how the estate is structured.
Zachowek guarantees a minimum share for close heirs, protecting them from being completely disinherited. It can affect how a will is interpreted.
Yes, you can challenge a will if you can show invalid execution, fraud, coercion, or inequitable provisions under applicable law.
In most cases, yes. A lawyer helps with document preparation, filing deadlines, and negotiating settlements or court arguments.
Not always, but a notary is common for notarial acts when there are no disputes. They help formalize transfers and facilitate property registration.
Yes, Poland recognizes cross-border estates, which may involve foreign assets or heirs. Specialist advice helps coordinate multiple jurisdictions.
Costs vary by case complexity, location, and whether the matter resolves through negotiation or court proceedings. Ask for a written retainer and fee schedule.
Testamentary succession follows a valid will, while intestate succession uses statutory rules when no will exists. The latter prioritizes certain relatives by law.
Simple cases may conclude in several months; complex matters with disputes can take a year or longer, especially with real estate or cross-border assets.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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