Court-Ordered Division of a Polish Estate: When and How to File

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

When heirs cannot agree on how to split an estate, the court steps in. Court (non-contentious) division allows any one heir to file an application, and the court then carries out the division on behalf of everyone involved. Below we explain when this route becomes necessary, how to start it, and what the procedure looks like.

When you need the court: If even one heir refuses to agree to a division, you can apply for court division without needing anyone else's consent.

When court division becomes necessary

Court division becomes necessary when:

1. There's no agreement — one or more heirs won't accept the proposed split
2. There's a dispute over the value of the assets — disagreement over a property's price, the number of assets, and so on
3. There's a dispute over how to divide — one heir wants a sale, another wants to keep an asset, a third wants a cash settlement instead
4. A voluntary (out-of-court) division isn't possible — for example, one heir can't be represented (their whereabouts are unknown)

Even if only one heir objects, any single heir can apply for court division on their own, without waiting for the others to agree. This right comes from Article 1038 of the Polish Civil Code (Kodeks cywilny, KC).

Which court has jurisdiction

An application for division of the estate is filed with the district court (sąd rejonowy — the Polish court of first instance for civil matters). Which one?

• Primary rule: the district court for the deceased's last place of residence (Art. 1038 § 2 KC) — this is the main rule ✅
• Alternative: if the assets are spread across several locations (properties in different towns), you can also choose the court where most of the assets are located

In practice: start by establishing where the deceased was living at the time of death. That will be the competent court.

What the application must contain

An application for division of the estate should include:

1. Identification of the parties — all heirs, not just the applicant
2. The factual background — who died, when, where, and evidence of how you acquired your share of the estate
3. The composition of the estate — what forms part of it (property, bank accounts, movable assets)
4. A proposed division — how you would like the assets split (it doesn't need to be exhaustive, but it helps)
5. The legal basis — Art. 1038 KC, Art. 1035 et seq. KC
6. Proof of payment — evidence that the court fee has been paid
7. Attachments: - The court decision confirming acquisition of the inheritance (postanowienie o stwierdzeniu nabycia spadku) or the notarial certificate of succession - The deceased's birth certificate and copies of relevant documents - Extracts from the land and mortgage register (księga wieczysta — the Polish public register recording ownership and charges on real property) for any real estate - Bank statements for any accounts

Court fees — how much it costs

The fee for an application for division of the estate is variable, depending on the value of the estate:

• Typically between 300 and 3,000 PLN (the exact amount depends on the court and the value of the assets)
• The court publishes a fee table for division proceedings

Check with the court before filing so you know the exact figure.

How the proceedings work

Proceedings for division of the estate are non-contentious (postępowanie nieprocesowe, Art. 688 of the Polish Code of Civil Procedure — Kodeks postępowania cywilnego, KPC — applying, with appropriate modifications, the rules on dissolving co-ownership). In practice, this means:

1. Filing the application — together with the fee and supporting documents
2. Notifying the parties — the court notifies all heirs (each has the right to be heard)
3. Court hearings — there may be one, two, or several, depending on how complex the case is - Hearings can go ahead without you present if you have a representative
4. Establishing the facts — the court determines the value of the assets (appointing an expert valuer if needed)
5. Submissions from the parties — each heir can propose their own division
6. The court's decision — the court ultimately rules on how the estate is to be divided
7. Carrying out the decision: - Updating the land and mortgage register to reflect the new owners of any property - Payments between heirs - Registering the changes

How long it takes

Court division of an estate typically takes 1–2 years at first instance:

• If the case is straightforward (limited assets, all heirs identified, agreement on value) it can move faster (6–12 months)
• If the case is complex (multiple properties, disputes over valuation, several hearings) it can take 2–3 years

An appeal adds a further year.

If one heir doesn't attend the hearings

Proceedings can continue without an heir being present. The court sends notifications, and if the heir still doesn't appear, the court can:

• Appoint a representative for them (a court-appointed representative, zastępstwo urzędnika sądu)
• Issue its decision on the division regardless of their absence — the law allows this
• The absent heir retains the right to appeal against the decision afterwards

Possible outcomes — division in kind, cash settlements, or sale

In its decision, the court can order:

1. Division in kind — each heir receives a specific asset
2. Cash settlements (equalisation payments) — one heir keeps a property, the others receive money to balance the shares
3. Sale by court auction — the asset is sold publicly and the proceeds are divided
4. A combination — for example, one heir gets a house, another gets a bank balance, a third gets an instalment payment

The court always tries to choose the outcome that is fairest for everyone involved.

Running the case from the UK — power of attorney

You don't need to travel to Poland:

1. You grant a power of attorney — a Polish lawyer (adwokat or radca prawny — the two types of Polish practising lawyer) represents you
2. Your representative prepares the application — gathering documents and drafting the proposed division
3. They file the application — with the court on your behalf
4. They attend hearings — representing you; your own presence usually isn't required
5. They handle enforcement of the decision — dealing with the practical follow-up

The whole process can proceed without you being physically present.

Frequently asked questions

What if one heir is blocking the division? Any one heir (even a minority shareholder) can apply for court division on their own initiative. The court will carry out the division regardless of that heir's objection.

Will the court follow my proposed division? The court considers all the proposals put forward and chooses the one that is fairest and most practical for everyone. Your proposal carries weight, but it doesn't bind the court.

How long does court division of an estate take? On average 1–2 years at first instance. It can be quicker if the case is straightforward, or slower if it's complex (multiple hearings, an expert valuer).

Can I change my position during the proceedings? Yes — you can propose a different division, accept another heir's proposal, or even try to reach a settlement. The court always welcomes an amicable resolution.

What if the division would leave someone worse off (below the value of their share)? The court tries to avoid this — it's obliged to order settlement/equalisation payments so that everyone receives value equal to their share. Where that isn't possible, it can order the payment to be spread over instalments.

Can I ask for payment in instalments rather than as a lump sum? Yes — the court can order instalment payments over up to 10 years (Art. 1042 KC), with interest. This is a common solution where the equalisation payment is substantial.

Legal basis

• Art. 1038 KC — application for division of the estate
• Art. 1035–1045 KC — provisions on division of the estate
• Art. 688–730 KPC — non-contentious proceedings (applied with appropriate modifications)
• ISAP: Code of Civil Procedure (in Polish)