innotariusz

Certificate of inheritance

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: 

  1. A protocol from the search of the register of wills – to check if the deceased made any wills that are unknown to us.
  2. A protocol for the opening and announcement of wills – if any were made.
  3. 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.
  4.  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:

  1. Who are the potential legal heirs.
  2. 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.
  3. Whether the deceased was a Polish citizen at the time of death and where their habitual residence was.
  4. Whether the heirs have made declarations regarding the rejection or acceptance of the inheritance.
  5. 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.
  6. Whether agreements with the future testator regarding the renunciation of inheritance after them have been concluded.
  7. Whether the estate includes real estate or cooperative rights to premises, and if so, the Land and Mortgage Register numbers maintained for these rights.
  8.  The estate does not include an enterprise in inheritance subject to succession management.