Polish Certificate of Inheritance – what is it and how it can be obtained?

Polish banks, land registries, commercial registers and other institutions generally do not recognize a foreign grant of probate or foreign letters of administration. Instead, Polish institutions typically require a Certificate of Inheritance (akt poświadczenia dziedziczenia) issued by a public notary, or a confirmation of inheritance issued by a Polish court. The article explains the legal effect of a Polish Certificate of Inheritance and outlines the process for obtaining it.
Recently, obtaining a Certificate of Inheritance has become popular way of dealing with the succession in Poland because the transfer of wealth in such a way is faster and cheaper. The court procedure takes much longer, especially in the case of cross-border succession and foreign parties being involved.
 
In a nutshell, a Certificate of Inheritance is a legal document issued by a Polish public notary that certifies who is the heir of the testator’s estate (which applies both to inheritance by will and inheritance by statute). Generally, under the Polish law this will include the spouse and children. If neither exist, then the parents would be the heirs.
 
Confirmation of inheritance issued by a court vs Certificate of Inheritance issued by a notary
 
The procedure for obtaining a court decision on inheritance is carried our by the local Polish court appropriate for the last habitual residence of the deceased. If the last residence of the deceased cannot be established – it should be the court appropriate for the location of the property, or alternatively the Warsaw court. The procedure may take several months but in the case of foreign parties being involved it may take even up to 2 years. Sometimes, the court procedure is the only option, especially if there are any doubts regarding a will or the list of heirs.
 
Obtaining a Certificate of Inheritance by a public notary can be arranged much faster. If all the necessary documents are collected and translated, the procedure for obtaining a Certificate of Inheritance can be arranged potentially within a day via a visit to a public notary. The notary has to make sure that the deceased person was a Polish citizen, or lived permanently in Poland at the moment of death or that his assets are located in Poland.
 
Procedure to obtain a Polish Certificate of Inheritance
 
The procedure for obtaining a Polish Certificate of Inheritance is not complicated but, it must be noted, all potential beneficiaries (whether mentioned in a will or resulting from the statutory rules) must be present in person and sign the deed in front of the Polish public notary. If anybody raises objections, or cannot attend the meeting in person, the only way of filing the motion is through the local court and following its proceedures thereafter.
Obtaining a Certificate of Inheritance almost always starts by contacting a lawyer or vising the public notary in Poland to learn about the documents which should be presented to the notary. While requirements vary based on a particular case, the process of getting a Certificate of Inheritance usually requires the following:
 

1. ID documents of all persons attending the meeting at the notary’s office,
2. the date of death of the deceased,
3. the last habitual residence and citizenship of the deceased,
4. death certificate of the deceased,
5. certificate of the PESEL number of the deceased,
6. the relationship on which the right of succession is based (a will or the statutory rules),
7. any previous wills (if any)
8. birth certificates of all persons attending the meeting at the notary and, if the need arises, marriage certificates and
9. details of the land and mortgage registers in relation to the real estate included in the estate.

Real estate in Poland
 
A Polish land and mortgage register will only register the new owner if their rights are either proven by way of a Polish Certificate of Inheritance, or a decision of the Polish court confirming the inheritance. If the property was given in a will to an individual by means of legacy (zapis windykacyjny), the legatee will also be mentioned in the Certificate of Inheritance and this will be the basis for registering his rights into the land and mortgage register.