Polish Statutory Inheritance: Who Inherits What When There's No Will

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances — every estate needs to be assessed by a qualified Polish lawyer or notary. Twoja Sprawa helps you organise the documents for that assessment.

When someone dies in Poland without leaving a will, their estate passes to heirs under the statutory order of succession set out in the Polish Civil Code (Kodeks Cywilny). This is called intestate succession, and it applies entirely independently of what the deceased might have wanted. Working out who inherits from whom can sound simple, but the law actually splits heirs into several distinct groups, and each person's share shifts depending on which relatives survived the deceased. This guide walks through how statutory inheritance is structured, the order in which each group (spouse, children, parents, siblings) is called to inherit, and what happens if no family member is left at all.

This article covers Polish law only and does not apply to assets located in the UK or elsewhere — those situations are governed by EU Regulation 650/2012 (or the relevant national rules). ⚠️ Since Brexit, this Regulation no longer applies to the UK — assets in England or Scotland fall under separate common-law rules.

What statutory inheritance is

Statutory inheritance (dziedziczenie ustawowe) is the process by which the estate of the deceased (spadkodawca) automatically passes to the people named by law — regardless of what the deceased actually wanted. The statutory right to inherit is set out in Articles 931–934 of the Civil Code and applies whenever there is no will, the will is invalid, or the will covers only part of the estate.

The basic rules: - Statutory heirs are divided into four groups (four "orders" of succession). - Heirs in Group I inherit first; if none survive, heirs in Group II inherit, and so on down the line. - Each group excludes the next one — if even one person from Group I is alive, nobody from Group II inherits anything. - The estate opens at the moment of the deceased's death. Anyone who died before the deceased, or at the same moment, is treated as if they had never existed for inheritance purposes (Article 925 of the Civil Code).

The four groups of statutory heirs

Group I: spouse and children (Article 931 of the Civil Code)

This is the highest-priority group. If the deceased had a spouse (at the time of death) and/or children (including adopted children), they form Group I together.

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How the share is divided: - The surviving spouse receives at least 1/4 of the whole estate. - The remainder is split equally among all the children. - Every child receives the same value (equal shares).

Example: The deceased left an estate worth PLN 100,000, survived by a wife and two children (both hers). - Wife: minimum 1/4 = PLN 25,000. - The remaining PLN 75,000 is split between the two children = PLN 37,500 each. - Result: wife PLN 25,000 + 2 × PLN 37,500.

If the wife survives with no children: - The wife inherits at least 1/2 of the estate (with the remainder passing to another group, or to the wife alone if no other Group I relatives exist).

⚠️ Important: the Group I right belongs only to the deceased's own children (biological, adopted, or born outside marriage) — an unmarried partner (konkubent, i.e. a cohabiting partner who never formally married the deceased) and stepchildren do not fall into Group I unless a specific legal basis applies.

Group II: the deceased's parents and siblings (Article 932 of the Civil Code)

Group II inherits only if nobody from Group I survives (i.e. no living child and no surviving spouse).

How the share is divided: - The deceased's parents and siblings share the estate in equal portions (one share per person). - If one parent has died, that parent's share passes to the deceased's siblings.

Example: The deceased (no children, no spouse) was survived by his mother and two siblings. - Mother: 1/3 of the estate. - Brother: 1/3 of the estate. - Sister: 1/3 of the estate.

If the mother has already died and only the father survives: - Father: 1/2. - Brother: 1/4. - Sister: 1/4.

Group III: the deceased's grandparents (Article 933 of the Civil Code)

Group III inherits only if nobody from Groups I or II survives (no child, no spouse, no parent, and no sibling).

How the share is divided: - Grandparents on the father's side and grandparents on the mother's side share the estate. - If all the grandparents on one side (paternal or maternal) are alive, that side takes 1/2 and the other side takes 1/2. - Within each side, the grandparents share equally.

Example: All of the deceased's siblings, parents and children have already died. Surviving relatives are: a paternal grandmother, and both maternal grandparents. - Paternal grandmother: 1/2 of the estate. - Maternal grandfather: 1/4 of the estate. - Maternal grandmother: 1/4 of the estate.

Group IV: the local municipality and the State Treasury (Article 934 of the Civil Code)

If nobody from Groups I, II or III survives, the estate passes to the gmina (local municipality) where the deceased last lived. If the municipality is unable to manage the estate effectively, it can pass to the State Treasury (Skarb Państwa).

Nobody in this group inherits "knowingly" — the estate simply becomes public property by operation of law.

Unworthiness to inherit and its consequences

Article 928 of the Civil Code allows an heir to be excluded as unworthy (niegodność dziedziczenia) if that person: - Made or attempted an attack on the life of the deceased. - Forged the will or other estate-related documents. - Committed a deliberate crime against the deceased or their family.

A finding of unworthiness must be made by a court, on application by an interested party (typically another heir). An unworthy heir is then treated as if they had died before the estate opened, and their share passes to the next heirs in line (if any).

Special situations

When a child has died — the right of representation

If one of the Group I heirs (a child of the deceased) died before the deceased, or at the same time (e.g. in the same accident, which can be hard to establish), but had children of their own (grandchildren of the deceased), those grandchildren can step into their deceased parent's place. This right of representation is set out in Article 931 of the Civil Code.

Example: The deceased had a son (who died earlier) and a daughter (still living). The son had two sons of his own (the deceased's grandsons). - The daughter receives 1/2 of the estate. - The two grandsons (children of the deceased son) share the other 1/2 between them — 1/4 each.

When there's no will, but there were earlier estate-division agreements

Agreements the deceased made about dividing shared family assets during their lifetime can modify or limit statutory inheritance shares — but only if those agreements were properly made and are documented. They always need to be confirmed by a court or a notariusz (a civil-law notary, broadly similar to but not the same as a UK notary public — Polish notaries also draft and certify a wide range of legal documents).

Does an unmarried partner (konkubent) inherit?

No. A partner who never formally married the deceased has no statutory inheritance rights at all. The only way for them to inherit is if the deceased left a will in their favour.

⚠️ Post-Brexit note: if your partner lives in the UK and you live in Poland, jurisdiction over the estate can get complicated. EU Regulation 650/2012 does not apply to the UK. Which court has jurisdiction — Polish or British — depends on where the deceased was habitually resident.

How to check whether you have a right to inherit

  1. Establish who died and where they were last habitually resident.
  2. Check whether there is a will — ask a notary or the court.
  3. Work out your relationship to the deceased (which group under Articles 931–934 of the Civil Code you fall into).
  4. Find out whether there are other heirs in the same group — this affects the size of your share.
  5. Don't mix up jurisdictions — if the assets are in Poland, Polish law governs; if they're in the UK, English or Scots law applies instead.

Frequently asked questions

Do I have a right to inherit if there's no will? Yes, if you are related to the deceased (or were their spouse). Which group of heirs you belong to is determined by Articles 931–934 of the Civil Code, entirely independently of any will.

Does an unmarried partner inherit without a will? No. A partner who never formally married the deceased has no statutory inheritance rights. The only way is a will made in their favour.

What happens to the estate if no family member survives? It passes to the local municipality (gmina) where the deceased last lived (Article 934 of the Civil Code). If the municipality doesn't manage it, it can pass to the State Treasury.

Does a foreign national inherit from a Polish citizen? Yes, provided they are related to (or were married to) the deceased. The same rules apply regardless of nationality. ⚠️ However, if the assets or the heir themselves are based in the UK, get advice, because EU Regulation 650/2012 no longer applies to the UK post-Brexit.

In what order are heirs called to inherit? Article 931 of the Civil Code: Group I (spouse + children) → Article 932: Group II (parents + siblings) → Article 933: Group III (grandparents) → Article 934: Group IV (municipality / State Treasury).

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Disclaimer

Twoja Sprawa is an information platform; we are not a law firm and do not provide legal advice. Every estate needs to be individually assessed by a court, a notary, or a Polish lawyer. This article is for general information and educational purposes only — it is not legal advice and does not determine the outcome of any specific case. If in doubt, consult a regulated Polish lawyer (adwokat or radca prawny).

Note on jurisdiction: EU Regulation 650/2012 does not apply to the United Kingdom post-Brexit. If the deceased or the heir lived in the UK, or the assets are located in the UK, separate rules of English/Scots law apply — get advice from a lawyer qualified in the relevant jurisdiction.

Sources

Last checked: 27 June 2026.

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