How to Get a Polish Certificate of Inheritance (Postanowienie o Nabyciu Spadku)

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

Once you've formally accepted an inheritance (outright or with the benefit of inventory), you need a court order confirming you are the heir. This document is your proof of title and the key to changing the registered owner in official records, opening an estate bank account, selling assets, or settling with creditors. You have two routes: the district court (the classic procedure) or a civil-law notary (a notarial deed of inheritance certification — NAPD, short for notarialny akt poświadczenia dziedziczenia), which is usually faster and more modern. This article explains both options, what documents to prepare, how to handle the process remotely from the UK, and what to do once you have the order.

This article covers Polish law and estates located in Poland. If the assets are in the UK, the procedure is different — consult an English solicitor.

Option 1: A District Court Order

The court procedure is the traditional route to obtaining a certificate of inheritance.

Documents to prepare

  1. Death certificate — issued by the civil registry office (urząd stanu cywilnego) (original or certified copy). - Shows the date and place of death, and the deceased's details. - Cost: approx. 20–50 PLN. - Where: the civil registry office (in the district where the deceased was born or registered).

  2. Certificate of kinship (zaświadczenie o pokrewieństwie) — issued by the civil registry office. - Confirms you are a child, spouse, parent, etc. of the deceased. - Cost: approx. 30–50 PLN. - Where: the civil registry office.

  3. Statement of acceptance of the inheritance (outright or with the benefit of inventory) — a document you sign yourself. - Confirms that you accept the inheritance and understand your obligations. - Also states that you are not aware of any other, earlier-ranking heirs.

  4. Extracts from the land and mortgage register (księga wieczysta — the Polish land and mortgage register, roughly equivalent to the UK Land Registry) (if the estate includes real property) — a document confirming the property belonged to the deceased. - Cost: approx. 20–30 PLN per extract. - Where: online via the relevant government registry portal, or directly at the court.

  5. Inventory of the estate (if accepting with the benefit of inventory) — a list of all assets and liabilities (see the article "Accepting an inheritance").

  6. Proof of identity (a copy of your passport, ID card).

  7. Court fee — usually 100 PLN (Article 3(1)(8) of the Act on Court Fees). - Reductions may be available (low-value claims, low-income applicants).

Where to apply

District Court (Sąd Rejonowy) — the court with jurisdiction over the deceased's last place of residence, family division.

Procedure: 1. Draft an application to the court, stating: - The date and place of the deceased's death. - Confirmation of your identity and relationship to the deceased. - A statement that you accept the inheritance. - A list of attachments (death certificate, certificate of kinship, etc.).

  1. Submit the application to the court: - In person (possible, but difficult if you live in the UK). - By post (registered letter with proof of delivery). - Through a representative (a lawyer or a trusted person in Poland). - Online (if the court has an e-filing system — available in some larger cities).

  2. Wait for the court order — typically 2–8 weeks (depending on the court). - The court will send you the order by post, or you can collect it in person.

  3. Collect certified copies of the order — you'll need several copies for the various registry changes.

Cost and timeline

Note: The court may sometimes request additional documents (e.g. an inventory of the estate, further witness statements, or confirmation there are no competing heirs). Be prepared for possible delays.

Option 2: Notarial Deed of Inheritance Certification (NAPD)

A notarial deed of inheritance certification is a modern alternative — a civil-law notary (a Polish public official broadly similar to, but with wider powers than, a UK notary public) can, based on your statement, certify that you are the heir.

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How it works

  1. Apply to a notary — you can choose any notary (ideally one based in the town where the deceased last resided).

  2. The notary prepares the deed — based on the documents you provide (death certificate, certificate of kinship, statement of acceptance).

  3. Signing the deed — this can usually be done: - In person at the notary's office (in Poland). - Remotely (some notaries allow remote signing from the UK, typically with an English notary public verifying your identity). - By post (you send the documents and the notary reviews them, but the signature usually still has to be given in person or formally certified).

  4. The notary issues the deed — a document with the same legal effect as a court order, but prepared privately rather than by a court.

  5. Cost — typically 150–500 PLN, depending on the notary and the complexity of the case.

Advantages of the NAPD route

Disadvantages of the NAPD route

Note: The NAPD carries exactly the same legal weight as a court order — there is no difference for the purposes of registering assets, updating the land and mortgage register, or dealing with banks.

After Obtaining the Order — What Next?

1. Updating the owner in the land and mortgage register

If the estate includes real property, you need to update the registered owner in the land and mortgage register (księga wieczysta).

Procedure: 1. Gather: - The court order (or the notarial deed). - An extract from the register (showing the deceased as the current owner). - A statement referring to the order (you can prepare this yourself or have a notary do it).

  1. Submit an application to the district court (land and mortgage register division) — usually the same court that issued the order. - Online (if the court offers an e-KW electronic filing system). - By post (registered letter). - Through a representative.

  2. The court will make a new entry in the register, changing the registered owner from the deceased to you. - Cost: court fee of approx. 100–150 PLN. - Timeline: 2–4 weeks.

  3. Collect a new register extract confirming you as the new owner.

Note: If the property is subject to a mortgage (a loan secured against it), the mortgage also carries over to the new entry — the property remains encumbered by it.

2. Opening an estate bank account

To manage the estate's money (selling assets, paying off debts, etc.), you'll need to open an estate account (rachunek spadkowy).

Procedure: 1. Contact the bank where the deceased held an account (or choose a different bank). 2. Provide: - The court order (or the notarial deed). - The certificate of kinship. - Your proof of identity. 3. The bank will open an estate account — usually within 1–2 weeks. 4. The bank will transfer funds from the deceased's old account (or "unfreeze" it). 5. You can then manage the estate's money.

Cost: usually free (or a minimal account-keeping fee).

3. Notifying ZUS (the Polish social insurance institution) if the deceased was employed or receiving a pension

You need to notify ZUS (the Polish equivalent of the DWP/HMRC combined for social insurance) in order to: - Stop pension or benefit payments (if the deceased was receiving them). - Repay the final pension instalment (typically paid out for the month of death).

Procedure: 1. Write to the relevant ZUS branch (in the town where the deceased was registered). 2. Attach: - The death certificate. - The court order (as proof that you are the heir). 3. ZUS will confirm whether any repayment is required.

Cost: free.

4. Notifying the Tax Office (inheritance tax)

In Poland, inheritance tax was abolished for close family members in 2018 — but you may still need to file a declaration with the Tax Office (Urząd Skarbowy) if the estate exceeds a certain value.

Procedure: 1. Within 30 days of learning of your title to the inheritance, send the Tax Office: - Form PIT-8A (declaration relating to income from capital). - A list of the estate's assets. 2. The Tax Office will confirm receipt.

Cost: free.

Note: This is not an inheritance tax as such — it's a disclosure for the tax authority. However, if the estate includes company shares or real property, tax may still apply to income generated from those assets later (e.g. tax on a property sale) — that's a separate matter.

5. Notifying the deceased's creditors

If the estate includes debts, you need to notify the creditors.

Procedure: 1. Write to the main creditors (banks, tax office, ZUS) informing them that you are the heir and are open to discussing repayment. 2. If you accepted the inheritance with the benefit of inventory, the court will publish a call for creditors' claims in the Official Gazette. 3. Creditors then have 4 weeks to submit their claims.

For more detail, see: Debts in an inheritance — what to do if the estate is in debt.

Handling the Process Remotely from the UK

If you live in the UK, you'll need to manage this remotely. Here's a plan:

Preparing documents from the UK

  1. Death certificate — obtain it from the civil registry office (where the deceased was born or last registered). - Available online or by post. - Cost: approx. 20–50 PLN.

  2. Certificate of kinship — obtain it from the same office. - Cost: approx. 30–50 PLN.

  3. Land and mortgage register extracts — available online via the government registry portal (if the estate includes real property). - Cost: approx. 20–30 PLN per extract.

  4. Certification of your signature (if you're sending a written application to the court from the UK) — this can be done by an English notary public. - The English notary public will certify that you signed the document. - Cost: £30–100.

Choosing a representative in Poland (optional)

You can: - Ask a family member in Poland to submit the documents on your behalf. - Instruct a Polish adwokat or radca prawny (Polish lawyer) to handle the whole procedure (approx. 100–300 PLN).

Submitting the application — court or notary

Option A: Court 1. Draft the application to the court (as described above). 2. Send it by post or through a representative. 3. Attach the documents (death certificate, certificate of kinship, land register extracts). 4. Wait for the order.

Option B: Notary 1. Contact a notary in Poland (by phone or email). 2. Send the documents by post or email. 3. Sign the deed (in person if you travel to Poland, or remotely if the notary allows it). 4. Wait for the completed deed.

Updating the registers from the UK

Once you have the order: 1. Send certified copies to the relevant offices (applications for the land register update, opening an estate account, etc.). 2. Use a representative or a Polish lawyer to handle the filings.

Frequently Asked Questions

How long does it take to get a court order? Usually 2–8 weeks, sometimes longer if the court requests additional documents. Through a notary: 1–3 weeks.

Do I have to appear in person at court or before a notary? Not always — it's often possible through a representative or remotely, depending on the specific court or notary. Always check with the relevant office first.

Are a court order and a notarial deed equally valid? Yes — they carry exactly the same legal effect. Both are accepted by banks, the land registry, and public authorities.

What happens if the court rejects my application? This is rare if the documents are complete. If the court has doubts, it will come back to you with questions that you'll need to answer.

Can I update the land and mortgage register before I receive the order? No — updating the register requires either a court order or a notarial deed. Without one, the register cannot be changed.

Can I sell inherited property before updating the register? Formally, no. A buyer will want to see you listed as the owner in the register, for the security of the transaction. You can make a conditional offer, but the final sale requires the register to be updated first.

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Disclaimer

Twoja Sprawa is an information platform; we are not a law firm and we do not provide legal advice. Every estate requires individual assessment by a court, a notary, or a Polish lawyer. This article is for general information only and does not constitute legal advice. If in doubt, consult a regulated professional.

Sources

Last verified: 27 June 2026.

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