CGO Legal | Estate & Succession Practice
Inheritance Support in Poland
We represent non-resident heirs, foreign executors, and cross-border estates throughout the full Polish succession process — from confirming legal title through to registering inherited real estate, bank deposits, and company shares in the heir's name. In most cases, physical presence in Poland is not required.
The real difficulty
Polish inheritance is rarely just a probate filing — the real issue is jurisdiction, deadlines, and registries that were built for Polish residents, not remote heirs.
Foreign heirs face a system built around physical presence, Polish-language filings, and strict statutory deadlines that do not pause for cross-border logistics. Missing the 6-month acceptance deadline (Art. 1015 KC) or leaving an inherited property unregistered in the Land and Mortgage Register exposes heirs to debt liability and third-party claims — problems that cost significantly more to repair than to prevent.
- Court & notarial succession
- Cross-border estate coordination
- Estate partition & KW registration
- Forced share (zachowek) claims
Scope of Our Polish Estate Legal Services
Acting under a power of attorney (pełnomocnictwo), our team manages the full Polish side of an inheritance matter on the client's behalf — from establishing legal title through to registering assets in the heir's name. In most cases, physical presence in Poland is not required.
The wrong procedural route rarely fails on day one — it accumulates cost and delay until a deadline has passed or a registry entry has gone uncorrected. Structuring the acquisition correctly from the outset is consistently less expensive than remedying errors after the fact.
Who we advise
Non-resident beneficiaries
Foreign heirs inheriting Polish real estate, bank deposits, or capital assets who need court or notarial succession confirmed without traveling to Poland.
Foreign executors
Executors and administrators managing an estate that spans Poland and one or more other jurisdictions, requiring coordinated recognition across legal systems.
Business partners & co-shareholders
Foreign co-shareholders acquiring shares in a Polish company through succession who need the transfer registered with the National Court Register (KRS).
Heirs facing contested claims
Beneficiaries defending against forced share (zachowek) demands or disputed estate debts, and omitted relatives asserting a statutory forced share claim.
Core Areas of Practice
Court Probate & Notarized Succession Certificates
Legal title confirmed through a court order (stwierdzenie nabycia spadku) or a faster notarized certificate of succession (akt poświadczenia dziedziczenia, APD). We handle both remotely, preparing filings and representing the client without requiring travel to Poland.
Cross-Border Estates & European Certificates of Succession
Coordination under EU Succession Regulation No 650/2012, including obtaining a European Certificate of Succession, verifying foreign wills under Polish conflict-of-law rules, and arranging sworn translations and apostilles of foreign documents.
Estate Partition & Asset Registration (Dział Spadku)
Formal division of co-owned inherited assets through estate partition proceedings, updating the Land and Mortgage Register (Księgi Wieczyste), unlocking inherited Polish bank deposits, and registering transferred shares with the KRS.
Forced Share Claims (Zachowek) & Litigation Defense
Calculation, negotiation, and litigation of statutory forced share (zachowek) claims under the Polish Civil Code — representing both heirs asserting a forced share and estates defending against excessive claims.
Need to settle a Polish estate without traveling to Poland?
Our Warsaw-based legal team handles court filings, notarial procedures, and Land Registry updates under power of attorney — so you retain control of the process without managing Polish institutions directly. Avoid missing the 6-month statutory acceptance deadline.
Key Risks in Managing Polish Inheritance from Abroad
| Risk | Consequence if Unaddressed | How We Mitigate It |
|---|---|---|
| Missing the 6-month statutory deadline (Art. 1015 KC) to accept or reject | Heir may become liable for estate debts beyond the value of inherited assets | Early deadline calculation and protective filing to accept with benefit of inventory |
| Unverified real estate encumbrances (mortgages, liens, unresolved co-ownership) | Heir inherits hidden liabilities tied to the property | Land and Mortgage Register review before accepting or partitioning the estate |
| Improper registration of inherited company shares | Share transfer not reflected in KRS, exposing heir to disputes over corporate control | Coordinated KRS filing alongside the succession procedure |
| Foreign will or probate document not recognized in Poland | Delays or rejection of the Polish succession filing | Sworn translation, apostille/legalization, and conflict-of-law review before filing |
| Omitted heirs asserting a forced share (zachowek) late in the process | Estate value reduced or distribution disputes after assets are already partitioned | Early identification of statutory heirs and forced share exposure assessment |
Frequently Asked Questions
Do I need to visit Poland in person to complete probate or claim my inheritance?
Generally, no. Acting under a power of attorney, our team can handle court filings, notarial procedures, and registry updates on the client's behalf, though a notary or court may in some cases request specific documents or, less commonly, a personal appearance depending on the facts of the case.
What is the difference between court acquisition and a notarized certificate of succession in Poland?
A court order (stwierdzenie nabycia spadku) is available regardless of whether the heirs agree. A notarized certificate (akt poświadczenia dziedziczenia) is faster but requires unanimous agreement among all statutory or testamentary heirs before a notary.
How are foreign wills recognized under Polish inheritance law?
A foreign will is assessed under Polish conflict-of-law and EU succession rules, with sworn translation and apostille or legalization required before it can be relied upon in a Polish court or notarial proceeding. Recognition is evaluated case-by-case based on the will's form and the deceased's last habitual residence.
What is the statutory deadline for claiming or waiving an inheritance in Poland?
Under Article 1015 of the Polish Civil Code, an heir generally has six months from the date they learned of their status as heir to accept (outright or with benefit of inventory) or reject the inheritance. Missing this deadline generally results in acceptance with benefit of inventory by operation of law.
Scope Delegation & Legal Boundaries
Our inheritance practice covers legal representation before Polish courts and notaries, succession certification, estate partition, and forced share matters. Two adjacent areas are handled separately:
- Tax Planning & Exemptions: Polish inheritance tax filings and exemption declarations (including Form SD-Z2 for qualifying close relatives) — see our guide on inheritance of real estate in Poland or contact our CGO Tax advisory team.
- Relocation & Residency: Moving to Poland or obtaining residency in connection with an inherited estate falls under CGO Mobility's services, separate from the estate administration work described above.
Ready to move forward with a Polish inheritance matter?
Contact CGO Legal to discuss your estate, assess the applicable deadlines, and agree on next steps — without leaving your country.
This page provides general information on inheritance representation in Poland and does not constitute legal advice. Court timelines, notarial fees, and tax outcomes are subject to factual evaluation and are not guaranteed; foreign heirs should seek dedicated legal review of their specific estate before acting.
