Intestate Succession in Poland: What Happens When There Is No Will

Most families dealing with a death in Poland discover that the deceased left no valid will. When that happens, Polish law — not the family — decides who inherits and how much they receive. The rules are rigid, the hierarchy is fixed, and the deadlines are unforgiving.

Here is how statutory succession works under the Polish Civil Code, and what English-speaking families need to know before the six-month clock runs out.

How Polish Statutory Succession Determines Heirs

Poland's Civil Code divides potential heirs into ranked groups. If anyone in the first group is alive, the second group inherits nothing. The system works like this:

Group I — Spouse and Children The surviving spouse and children share the estate equally, but the spouse is guaranteed a minimum of one-quarter. If the deceased had a spouse and three children, the estate splits into four equal shares (25% each). If there were five children, the spouse still takes 25% and the children divide the remaining 75%.

Group II — Spouse and Parents If the deceased had no children (or grandchildren), the spouse shares with the deceased's parents. The spouse takes half, and each parent takes one-quarter. If one parent predeceased, their quarter passes to the deceased's siblings.

Group III — Grandparents and Beyond If no one from Groups I or II survives, the estate passes to grandparents, then aunts and uncles, then the municipality of the deceased's last residence.

Adopted children inherit exactly like biological children. Stepchildren do not inherit under statutory succession unless formally adopted.

The Surviving Spouse's Legal Protections

Polish law provides strong protections for surviving spouses that many foreign families find surprising:

• The spouse always receives at least one-quarter of the estate, regardless of how many children exist
• The spouse can claim exclusive use of the family home and household items for three months after the death, even before probate concludes
• A spouse in Group I cannot be reduced below their statutory minimum share, though they can voluntarily reject it

These protections apply automatically. The spouse does not need to petition a court to receive them.

EU Regulation 650/2012 and Which Law Applies

For cross-border situations, EU Succession Regulation No. 650/2012 determines which country's inheritance law governs the entire estate. The default rule is the law of the deceased's habitual residence at the time of death — not their nationality.

This means a British citizen who lived permanently in Warsaw will have Polish intestate rules applied to their entire estate, including assets in the UK. The only way to override this is if the deceased explicitly chose their national law in a valid will — which, by definition, does not exist in an intestate situation.

Non-EEA heirs (US, UK, Canadian, or Australian citizens) inheriting real estate through statutory succession are exempt from needing a state permit under Article 1 of the Act on the Acquisition of Real Estate by Foreigners. This exemption does not apply to testamentary succession, making intestate inheritance paradoxically simpler for foreign heirs in this one respect.

The Six-Month Decision Window

Every heir identified under statutory succession faces a hard deadline: six months from the date they learn of the inheritance to formally accept or reject the estate. If a parent in Group I rejects, their share passes automatically to their minor children — and the parents must then act again within a fresh six-month window to reject on the children's behalf.

Taking no action within six months results in automatic acceptance with the "benefit of inventory" (dobrodziejstwo inwentarza), which caps liability at the net value of inherited assets. This protects heirs from inheriting more debt than the estate is worth, but it does not protect them from inheriting debt up to that value.

Establishing Heirship Without a Will

Without a will, heirs must still formally prove their legal status through one of two paths:

The notarial route is faster — a notary in Poland drafts a Deed of Certification of Inheritance (Akt Poświadczenia Dziedziczenia) in a single appointment, provided all heirs agree and can attend (or send representatives with apostilled powers of attorney). This typically costs 100–300 PLN plus VAT.

The court route through the District Court (Sąd Rejonowy) is necessary when heirs disagree, when some heirs cannot be located, or when the family situation is complex. Court proceedings take 3 to 12 months but offer more flexibility for remote participation — courts often accept video testimony from overseas heirs.

Both paths produce a legally binding document that banks, land registries, and tax offices require before releasing any assets.

What Foreign Families Should Do First

If you are an English-speaking family member dealing with an intestate death in Poland, three things matter immediately:

1. Identify all statutory heirs — Polish law determines the list, not family assumptions. Estranged children, adopted children, and children from prior marriages all inherit equally.
2. Start the acceptance/rejection analysis — the six-month clock is already running. If the estate carries debts, rejection may be necessary for every heir in the chain, including minors.
3. Secure a sworn translation of the death certificate and any foreign identity documents — every Polish institution requires Polish-language originals or certified translations.

The Someone Died in Poland guide walks through the complete statutory succession process step by step, including the specific forms, fee schedules, and deadline sequences that intestate heirs face at each Polish institution.

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