Probate in Poland: The Two Pathways for Foreign Heirs

Establishing your legal right to inherit in Poland requires either a notarial certificate or a court order. Unlike common-law countries where a will is filed with a probate court and an executor takes charge, Polish law requires all potential heirs to actively participate in confirming who inherits what.

Your choice between the notary and the court determines whether this takes 2 days or 12 months.

The Notarial Pathway: Deed of Certification of Inheritance (APD)

The notarial path (Akt Poświadczenia Dziedziczenia, or APD) is the faster option. A Polish notary drafts an inheritance protocol and issues the APD, which is registered in the national electronic Succession Register and carries the same legal force as a court order.

Requirements:

• All potential heirs must agree — no disputes about the will, asset division, or who qualifies
• All heirs must appear in person before the notary, or be represented by someone holding a specific power of attorney
• Timeline: typically 1-2 business days once scheduled

Cost: Approximately 250-400 PLN plus VAT for the notary's services.

The catch for foreign heirs: If you can't travel to Poland, you must execute a power of attorney (pełnomocnictwo) in your home country. This document must be notarized, authenticated with an apostille (if your country is a Hague Convention signatory), and translated into Polish by a sworn translator. The PoA must be highly specific — a general power of attorney won't satisfy most Polish notaries.

The Court Pathway: Judicial Probate

If any heir is missing, there's a dispute about the will, or a minor is involved, you must go through the district court (Sąd Rejonowy) of the deceased's last habitual residence in Poland.

The process:

1. File a formal petition for inheritance acquisition (wniosek o stwierdzenie nabycia spadku) — filing fee: 100 PLN per deceased person
2. The court schedules hearings to review vital records, examine any wills, and identify all heirs
3. The court issues a decree confirming who inherits and in what shares
4. The decree becomes final and legally binding after 21 days (if no appeal)

Timeline: 6-12 months is typical. Busy metropolitan courts in Warsaw and Krakow can take longer. If an heir's address is unknown, the court appoints a search curator (kurator dla nieznanego z miejsca pobytu), adding hundreds of PLN in deposits and months of delay.

Advantage for remote heirs: Courts are generally more flexible than notaries about allowing video testimony or accepting written submissions from overseas heirs, reducing the need for international travel.

Which Path Should You Choose?

General guidance: If all heirs are adults, cooperating, and able to provide notarized PoAs from abroad, the notary path saves months. If there's any disagreement, unknown heirs, or minor children, the court path is your only option.

Multi-Generational Probate Warning

Families who have delayed probate for decades sometimes try to settle multiple generations at once — probating a grandfather's and father's estates simultaneously. Polish courts charge the 100 PLN filing fee per deceased person. Filing a combined petition with only one fee triggers a formal defect notice (wezwanie do usunięcia braków formalnych) with a 7-day payment deadline. Missing this deadline gets the entire petition rejected.

What Comes After Probate

Once you have the court decree or registered APD, you can:

• Unfreeze bank accounts and claim funds
• File Form SD-Z2 for tax exemption (the 6-month clock starts now)
• Update the Land Registry for inherited real estate
• Re-register inherited vehicles (60-day deadline)

The Someone Died in Poland guide includes a notary vs. court decision framework, document preparation checklists, and power of attorney templates tailored for foreign heirs.

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