When a person passes away, it's necessary to establish who inherited their estate (for example, to register the new owner – the heir – in the Land and Mortgage Register or to change the vehicle owner). The confirmation of inheritance rights can be carried out in court or before a notary. At the notary's office, all individuals who might be legal heirs must be present.
At the notary's office, several documents are prepared:
- A protocol from the search of the register of wills – to check if the deceased made any wills that are unknown to us.
- A protocol for the opening and announcement of wills – if any were made.
- A protocol of inheritance, in which the heirs make declarations under penalty of criminal liability, concerning all circumstances necessary to determine who is the heir.
- A notarial deed of inheritance confirmation – in which the notary confirms who the heirs are (this document is later presented to offices or courts to prove that we are the heirs of a given person).
Information Required for a Notarial Deed of Inheritance Confirmation:
- Who are the potential legal heirs.
- Whether a court order confirming the acquisition of inheritance after the deceased has been issued, whether proceedings for the acquisition of inheritance after them are ongoing, whether a notarial deed of inheritance confirmation has been prepared after them, or whether a European Certificate of Succession has been issued.
- Whether the deceased was a Polish citizen at the time of death and where their habitual residence was.
- Whether the heirs have made declarations regarding the rejection or acceptance of the inheritance.
- Whether a ruling concerning unworthiness to inherit has been issued, whether the spouse has been excluded from inheritance, and whether divorce or separation proceedings are ongoing.
- Whether agreements with the future testator regarding the renunciation of inheritance after them have been concluded.
- Whether the estate includes real estate or cooperative rights to premises, and if so, the Land and Mortgage Register numbers maintained for these rights.
- The estate does not include an enterprise in inheritance subject to succession management.