Renouncing a Polish Inheritance: How and When to Do It

Inheriting from a relative in Poland isn't always good news — especially when the debts left behind outweigh the assets. Renouncing an inheritance (odrzucenie spadku) is a right available to every statutory or testamentary heir, and it lets you avoid taking on the deceased's liabilities. But the procedure has a hard time limit: six months from the date you learned of your title to inherit — Article 1015 of the Polish Civil Code (Kodeks Cywilny, "KC"). Miss that window and you may end up liable for the deceased's debts, even if the estate itself isn't worth enough to cover them. This guide explains when renouncing makes sense, how to file the declaration correctly (through the court or a notary), what the options are for parents renouncing on behalf of young children, and what to do if the deadline is about to run out.

This article covers Polish succession law and situations where the estate is located in Poland. ⚠️ If the estate is in the UK or elsewhere, the procedure may differ — take advice from a lawyer qualified in the relevant jurisdiction. EU Regulation 650/2012 on cross-border succession no longer applies to the UK after Brexit.

Disclaimer: This article is for general information only and is not legal advice. Every decision to renounce an inheritance depends on the individual circumstances of the case. Before deciding, take advice from a Polish advocate (adwokat), legal counsel (radca prawny), or a notariusz — a civil-law notary, whose role is broader than that of a UK notary public. Twoja Sprawa helps you organise the documents for that assessment; we are not a law firm and do not provide legal advice ourselves.

When It Makes Sense to Renounce an Inheritance

The estate is insolvent (liabilities exceed assets)

The most common reason to renounce is that the deceased's debts exceed the value of the estate. If you accept the inheritance outright (wprost, i.e. without an inventory), you become liable for all of the deceased's obligations — even if the total exceeds the value of what you actually received.

Example: Your parent left behind: - Assets: a flat worth PLN 200,000, savings of PLN 10,000 — PLN 210,000 in total. - Liabilities: a mortgage of PLN 180,000, credit-card debt of PLN 50,000, funeral costs of PLN 5,000 — PLN 235,000 in total. - Net position: –PLN 25,000.

If you accept the inheritance outright, you would have to make up the PLN 25,000 shortfall out of your own pocket to settle the deceased's obligations.

Uncertain estimates and an unclear estate

Sometimes it's hard to establish all of the deceased's liabilities — unpaid tax, pending court proceedings, or debts nobody knew about can surface later — and the assets themselves may be uncertain (a property in poor condition, items still being paid off in instalments). In that situation, renouncing protects you from full exposure to whatever turns up.

Family reasons or estate planning

In some cases — a family conflict, a wish not to get involved in the deceased's affairs, or planning your own estate — an heir may prefer to renounce simply for the sake of clarity and to avoid future disputes.

The Six-Month Deadline to Renounce (Article 1015 KC)

This is the key rule: the deadline for renouncing an inheritance is six months from the date you learned of your title to inherit.

How is the deadline calculated?

Article 1015 KC is explicit: the clock starts from the moment you find out about your title to inherit — which is not always the same as the date of death.

Example 1: - Your father dies on 15 January 2026. - You find out about his death, and that you are an heir, on 20 January 2026. - Your deadline to renounce: 20 July 2026 (six months from 20 January).

Example 2: - Your grandfather dies on 1 March 2025. - You live in the UK and don't know he has died. - You only find out about the inheritance on 15 July 2026 — more than a year after his death. - Your deadline: 15 January 2027 — even though almost two years will have passed since he died.

⚠️ Important: the date you "found out" can be different for each heir. Where several people inherit, each one's six-month clock runs from their own individual moment of discovery.

What happens if the deadline passes?

Once six months have passed without a declaration of renunciation, the law presumes you accepted the inheritance. That can leave you liable for the deceased's debts, even though you never formally accepted anything.

The only way back at that point is to apply to have the deadline reopened (Article 1018 KC) — but only where there was a genuine obstacle (illness, not knowing about the case, a delay through no fault of your own). This is a court procedure, and there's no guarantee it will succeed.

Where to File the Declaration of Renunciation

There are two main routes.

Route 1: The district court (sąd rejonowy)

You must file a written declaration of renunciation with the district court that has jurisdiction over the deceased's last place of residence. It must be a document you sign personally, unless you're acting through a representative.

What to do: 1. Draft a statement including: your full name, PESEL number, address, the deceased's date of death, and a clear statement that you are renouncing the inheritance. 2. Sign it in your own hand (or have your representative's authority to sign properly certified). 3. Open a new case, or join an existing succession case if one has already been opened. 4. Ask the court (or a notary) for confirmation that your declaration has been recorded.

The court will then issue a ruling (postanowienie), or notify you that your declaration has been accepted — this serves as proof of renunciation.

⚠️ Cost: Usually free, or a nominal court fee (a few złoty for a copy of the ruling).

Route 2: A notary (notarial deed of succession)

Many notariusze — especially in larger cities — will accept a notarial deed (akt poświadczenia dziedziczenia, "APD") in place of court proceedings. Based on your declaration and supporting documents, the notary can confirm that you have renounced the inheritance.

Advantages of using a notary: - Faster — no waiting for a court ruling. - More formal and more transparent as a process.

Drawbacks of using a notary: - Cost: typically PLN 50–200, depending on the notary.

Renouncing from abroad (from the UK)

If you live in the UK, you have three options:

1. Post the declaration to the district court by ordinary mail (with proof of delivery) — state clearly that you are renouncing the inheritance and sign it yourself.
2. Use a representative in Poland — a family member, an advocate, or a radca prawny can file the declaration on your behalf under a power of attorney.
3. Contact a notary in Poland — a notary can take your declaration (online or by post) and draw up the notarial deed of succession.

⚠️ Important: When you send a signed document, your signature sometimes needs to be certified (a notarial certification of signature) — though in practice the requirements are usually less strict, and an ordinary registered letter is often enough. Check with the court or notary beforehand to be sure.

Renouncing an Inheritance on Behalf of Children

Parents can renounce an inheritance due to their children, but this requires the involvement of the family court (sąd opiekuńczy).

The procedure

1. The parent applies to the family court (district court, family division) for permission to renounce the child's inheritance.
2. The court examines whether renouncing is in the child's interest — whether it protects the child from debt, or whether it costs the child valuable property rights.
3. If the court gives permission, the parent may then file the declaration of renunciation.
4. If the child is already 13, their own consent is also required (Article 32 KC).
5. If the child is already 18, they must renounce the inheritance themselves — a parent cannot do it for them.

The time limit when the child was very young at the time of death

The deadline for the child to renounce starts from the moment they themselves find out about the inheritance — typically when a parent tells them about it, often once they are older. Even if ten years have passed since the person died, the child still has a full six-month period running from their own moment of discovery.

The Effects of Renouncing an Inheritance

What happens to the estate after renunciation?

When you renounce, your share passes to the next people in line to inherit — or, if you were in the first order of succession, to the other children or to the surviving spouse.

Example: - Deceased: grandmother. - Heirs: son (A) and daughter (B). - Son (A) renounces the inheritance. - Grandmother's estate passes in full to daughter (B).

Does renunciation cover a will as well?

Yes. If the deceased left a will naming you, but you are also entitled to a statutory share, renunciation covers both grounds — the gift under the will and your statutory entitlement.

⚠️ Important: Once you renounce, you cannot later "partially accept" the inheritance. Renunciation is all-or-nothing.

Does renunciation affect the reserved share (zachowek)?

No. The zachowek — a reserved share for close family, broadly comparable to a statutory minimum entitlement, worth one-half or one-third of the statutory share depending on the heir's circumstances — is not automatically given up when you renounce the inheritance. To waive your right to the reserved share, you need a separate declaration (Article 1031 KC). It can sometimes make sense to renounce the inheritance itself while keeping your right to claim the reserved share.

Extending or Reopening the Deadline

If the deadline is about to run out

If you have only a few days left of the six-month period and need more time to look into the estate — tracing debts, talking to creditors — you can write to the court asking for more time. The court has discretion to allow heirs to file their declaration "pending further order" (a temporary extension).

Reopening the deadline once it has already passed

Article 1018 KC allows the deadline for renouncing an inheritance to be reopened, but only where: - You had a genuine obstacle (for example, a serious illness, not knowing about the legal position, or not knowing about the death). - The obstacle was not your fault. - You apply to reopen the deadline without undue delay (usually within a month of the obstacle ending).

Reopening the deadline is a court procedure — you need to apply to the family court. The court will assess whether the obstacle was genuine, and may then allow more time to file the declaration.

⚠️ Risk: Reopening is not automatic. The court can refuse if it decides the obstacle wasn't sufficient.

Frequently Asked Questions

Can I renounce an inheritance through a representative while I'm in the UK? Yes, provided your representative holds a valid power of attorney (which can be drawn up before a UK notary public, or online through notarial services in Poland). Your representative then files the declaration with the court or a notary in Poland. It's important that the power of attorney itself is signed by you personally — this can be done electronically or by ordinary post.

What happens if the six-month deadline passes and I haven't filed a declaration? The law presumes that you have accepted the inheritance. You can try to have the deadline reopened (Article 1018 KC), but that requires showing a genuine obstacle. If that application fails, you will be liable for the deceased's debts without any limit on your personal liability.

Does renouncing an inheritance also mean giving up my reserved share (zachowek)? Not directly — the reserved share is a separate right. To give it up, you need to file a separate declaration (Article 1031 KC). It's often worth renouncing the inheritance itself while keeping your right to the reserved share.

Can I renounce the inheritance but keep specific valuable items, like a car? No — that isn't possible. Renunciation applies to the whole inheritance, not to individual items. If you start dealing with items from the estate as if they were yours, the law may treat that as acceptance of the inheritance.

Does the court have to approve my decision to renounce? Not always. If you file the declaration correctly — with the court or a notary — approval isn't usually required; the court simply records the renunciation. Where you're applying to reopen a missed deadline, however, the court does have to rule on that application.

Related Articles

• How to accept a Polish inheritance: outright or with an inventory — how to accept an inheritance correctly, and what your options are
• Debts in a Polish inheritance: what to do when the estate is insolvent — which debts form part of the estate
• How to obtain a Polish inheritance ruling (postanowienie o nabyciu spadku) — how to obtain the court ruling after formally accepting an inheritance

Disclaimer

Twoja Sprawa is an information platform; we are not a law firm, and we are not advocates or legal counsel, so we do not provide legal advice. Every decision to renounce an inheritance requires an individual assessment and advice from a Polish advocate, legal counsel, or notary. This article is for general information and educational purposes only and is not legal advice. If in doubt, contact a regulated legal professional in Poland.

A note on jurisdiction: EU Regulation 650/2012 does not apply to the UK after Brexit. Where the deceased or the heirs lived in the UK, or where estate assets are located in the UK, separate rules of English/Scots law apply.

Sources

• Article 1015 of the Polish Civil Code (deadline for renouncing an inheritance)
• Article 1018 of the Polish Civil Code (reopening the deadline)
• Article 1031 of the Polish Civil Code (waiving the reserved share, zachowek)
• Article 32 of the Polish Civil Code (family court consent for minors)
• Court procedure for renouncing an inheritance
• Notarial deed of succession (akt poświadczenia dziedziczenia, APD)

Last reviewed: 27 June 2026.