Best Inheritance Law Lawyers in Poznan

About Inheritance Law in Poznan, Poland

Inheritance law in Poland, including Poznan, is governed by the Polish Civil Code and related regulations. When someone dies, assets and debts pass to heirs according to a will or by statute if no will exists. In Poznan this often involves real estate located in the city, bank accounts, and business interests. Understanding whether you are an heir, how to accept the estate, and whether to accept with liability is essential for protecting your interests.

In practice, Poznan residents commonly navigate two paths: testamentary succession (a will) and intestate succession (statutory rules when there is no will). The process can involve a notary for certain acts and a court for others, depending on the estate structure and whether a certificate of inheritance is required. Working with a local inheritance lawyer can help you coordinate filings, notices, and asset transfers smoothly.

Why You May Need a Lawyer

• Disputes between siblings over a will executed abroad where a Polish court or notary needs to determine applicable law and share distribution in Poznan.
• Property in Poznan held jointly with others and disagreements about who receives which unit or how the property should be divided.
• Multiple heirs with competing claims to bank accounts, shares, or a company and a need to prepare a formal division plan with liabilities handled properly.
• Questions about forced heir shares and disinheritance under Polish law and how they affect your entitlement in a Poznan estate.
• Cross border elements where the deceased had assets in Poland and another EU country, raising questions about which law applies to the estate.
• Drafting or updating a will for residents of Poznan to ensure compliance with local formalities and tax considerations.

Local Laws Overview

Kodeks cywilny (Polish Civil Code) - Inheritance Provisions

The core rules governing inheritance are in the Polish Civil Code, Book II Spadkobierstwo. The Code sets out who inherits, how to accept the estate, and how to handle debts. It also governs testamentary dispositions and intestate succession. The text is kept current through amendments and consolidations published by the government.

The Civil Code forms the basis for probate procedures in Poznan and throughout Poland. Practitioners routinely reference it when advising clients on shares, liabilities, and the timing of acceptance or renunciation of an estate.

Source: The Polish Civil Code is published and maintained in the official legal Acts database. See ISAP for the consolidated text: https://isap.sejm.gov.pl

Regulation (EU) No 650/2012 on cross-border successions

This EU regulation governs jurisdiction, applicable law, recognition and enforcement of decisions, and succession matters that cross borders within the European Union. It affects Polish estates with foreign elements and foreign estates with Polish assets, including cases involving Poznan residents and foreign dimenions of a will or succession.

Poland began applying this regulation in practice after its entry into force in the European Union, enabling more predictable choices of law for cross-border inheritances.

Source: Regulation (EU) No 650/2012 on jurisdiction, applicable law, recognition and enforcement of decisions, and on a matter of succession. See EUR-Lex for the official text: https://eur-lex.europa.eu/eli/reg/2012/650/oj

Notarial Law and Notarial Practice

Notaries in Poland, including Poznan, play a central role in estate planning, testament execution, and some forms of probate requiring notarial declarations. The Notaries’ remit includes handling wills, inventories, and deeds transferring property, often reducing court involvement when possible.

Specific notarial procedures may be used to confirm inheritance or to ensure the proper transfer of real estate and other assets in Poznan, especially when a will exists or when the estate requires formal documentation for asset transfer.

Source: Notarial Law and practice are overseen by the Polish Ministry of Justice. See official information on notary services at: https://www.gov.pl/web/sprawiedliwosc/notariat

Frequently Asked Questions

What is a certificate of inheritance and when is it needed?

A certificate of inheritance confirms who inherits the estate when there is no will or when a court or notary issues the document. It is often needed to transfer titles or assets to heirs in Poznan.

How do I start a probate process in Poznan?

Begin by identifying the correct court or notary jurisdiction. Gather the death certificate, will (if any), asset list, and debts. A local inheritance lawyer can guide you through filings and notices.

What is the difference between testamentary and intestate succession?

Testamentary succession follows a will. Intestate succession applies when there is no will, and statutory rules determine heirs and shares.

How much can a Poznan inheritance case cost in legal fees?

Costs vary by complexity and attorney rates. Typical fees include consultation, document preparation, and court or notary charges. Some cases may require expert valuations.

How long does probate commonly take in Poznan?

Timelines depend on complexity, assets, and whether disputes arise. Straightforward estates may conclude within several months; complex estates may take longer.

Do I need a Polish lawyer or can I hire a foreign attorney?

Polish law typically requires local representation for court filings and notarial acts. A Poznan inheritance solicitor can coordinate with foreign counsel if needed.

Is a will valid if created in another country?

Cross-border validity depends on applicable law and compliance with Polish formalities. An inheritance attorney can determine how Polish law applies.

Can I challenge a will in Poznan?

Yes, legitimate challenges can be brought for reasons like testamentary capacity, undue influence, or improper creation. A lawyer can assess grounds and options.

What is the difference between accepting an estate with and without liability?

With liability, heirs accept the estate including debts. With the benefit of inventory, heirs limit liability to the estate assets.

Do I qualify as an heir under Polish law?

Eligibility depends on your relationship to the deceased and statutory rules. A lawyer can review family trees and determine your rights.

What documents should I prepare for a Poznan inheritance case?

Collect death certificates, birth certificates, marriage certificates, lists of assets and debts, property deeds, and any existing wills.

What if assets are in different EU countries?

Cross-border assets trigger Regulation 650/2012; the applicable law may depend on the location of assets and the deceased's domicile.

Additional Resources

• ISAP ISAP Sejm.gov.pl - The official database for consolidated Polish law including the Civil Code. Function: provides the authoritative text of statutes for reference and research. https://isap.sejm.gov.pl
• Spadek - gov.pl - Government guidance on inheritance matters, including processes for probate, notifying authorities, and key steps in Poland. Function: consumer guidance and procedural overview. https://www.gov.pl/web/spadek
• Regulation (EU) No 650/2012 - cross-border successions - Official EU Regulation governing jurisdiction and applicable law in cross-border estates. Function: helps resolve conflicts of law for estates with foreign elements. https://eur-lex.europa.eu/eli/reg/2012/650/oj

Next Steps

1. Clarify your goal - identify whether you want to enforce a will, contest a will, or settle an intestate estate in Poznan. Timeline: 1-3 days.
2. Gather documents - death certificate, will (if any), asset and debt lists, property deeds, and family records. Timeline: 1-2 weeks.
3. Find a local inheritance solicitor - search for a Poznan-based attorney or legal counsel with experience in Spadkobierstwo and cross-border issues. Timeline: 1-2 weeks.
4. Schedule an initial consultation - discuss goals, fees, and a plan of action. Timeline: 1-2 weeks after hiring.
5. Confirm scope and fees in writing - obtain a written retainer and cost estimate for court or notarial steps. Timeline: 1 week.
6. Prepare and file documents - with your lawyer, prepare testamentary instruments or applications for certificates of inheritance and any required notices. Timeline: 4-8 weeks depending on complexity.
7. Monitor progress with local authorities - respond to court or notary requests and comply with local Poznan procedures. Timeline: ongoing until completion.