Polish Court confirmation of acquisition of inheritance
In order to be able to demonstrate in Poland succession to third parties and public authorities, it is necessary to obtain:
- the court statement regarding inheritance acquisition or
- the notary act confirming the acquisition
If, for any reason, it is impossible to prepare the act confirming the acquisition of inheritance in Poland by the notary, a request should be sent to the Polish Inheritance Court asking to attest the inheritance acquisition. In particular when the testator left several different wills and serious doubts regarding the authenticity of one or several of them exist, if the heirs question the authenticity of the will or if conflict between them regarding the validity of the will exits, the matter needs to be resolved through the court proceedings. The heir (the person requesting the authentication of the inheritance acquisition deed) has no choice in regards to choosing a particular court.
In regards to confirming the acquisition of inheritance in Poland, a district court of the last heir's place of residence is exclusively applicable. In the situation when the applicant submits such a request to a wrong as to the location court, the court will transfer the request for acquisition confirmation to the proper court. The court examines the cases pertaining to Polish inheritance acquisition confirmation in the so called non-litigation proceedings. In the request for a succession certification the applicant should include the addresses of the remaining heirs to allow for the summoning them to the court hearing. At the court hearing pertaining to the inheritance case, the court summons all persons eligible for statutory or testimonial inheritance. In order to receive a decision regarding a Polish succession certification, it is usually enough for several or even one heir to be present to submit the inheritance acquisition guarantee. During the acquisition of Polish inheritance certification case the court does not analyze the elements of estate included in the inheritance. During the acquisition of Polish inheritance certification case the court will neither "partition" the elements of the mass of property between the heirs. Assessing what was included in the succession mass of property begins during separate the division of Polish inheritance case.
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