Polish Notary Inheritance Deed
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
The regulations according to which the notary drafts the inheritance deed certification are based on the law of February 14, 1991 - the Notaries Act. The possibility to obtain Polish inheritance deed certification at the notary's office creates certain conveniences to the beneficiaries - in particular the inheritance formalities made in the notary's office can be arranged in a much shorter period of time. However, the facilitation of this option is not always possible in practice. For instance, Polish notary is not able to draft Polish inheritance deed certification in the case of a special (privileged) will - that is, for instance, an oral will or a will made on board of a Polish seagoing or aircraft vessel and a will of a soldier. In this case a request to issue the inheritance deed certification needs to be submitted to the Polish Court. The notary - in accordance with the above mentioned notaries act - will refuse to draft the inheritance deed certification in questionable situations, e.g. when the validity of the will is seriously questioned. It is worth keeping in mind that the notary act of the inheritance deed certification is an institution that should be utilized only in the indisputable cases. Conflict between heirs, e.g. regarding the validity of the testator's will excludes the possibility of drafting Polish inheritance deed certification by the notary.
Polish notary - based on the act regulations - should refuse drafting the certification also when, regardless of the unanimous stand of the interested parties, he has any doubts as to who should inherit the estate or what is the share of each individual beneficiaries, and in the case when the testator drafted the debt collection provision and when there is no certainty which person is the beneficiary of this provision or the subject of the provision.
It is not permissible to draft the Polish inheritance deed certification pertaining to the inheritance that includes the real estate located abroad or in the situation when the testator is a foreigner. (only in the case when the declaration of rights to the inheritance pertains to persons devoid of citizenship of any country who, moreover, lived at the territory of Poland at the time of the testator's death, drafting the inheritance deed certification is permissible).
For the notary to be able to draft the Polish inheritance deed certification, the notary's office must be visited simultaneously by all eligible statutory and testimonial heirs and persons for whom the testator has made the debt collection provisions.
According to the notaries act, immediately after drafting the Polish inheritance deed certification, the notary enters it into the registrar of the inheritance deed certifications through the ICT data system.
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