Grant of Probate Explained: What It Means for an Inheritance in Poland

A solicitor or bank in the UK tells you: "we need the Grant of Probate to release the estate funds." Meanwhile, on the other side of the Channel, there's still a house or flat in Poland that belonged to the same person — and the question arises whether that same English document will also sort things out in Poland.

In the vast majority of cases — it won't. This is one of the most common misunderstandings in Polish-British probate matters: the assumption that an English court certificate is enough to deal with assets in Poland. This guide explains what a Grant of Probate actually is (and how it differs from Letters of Administration), when you need one at all, how it differs from a Polish court order confirming inheritance and a notarial certificate of succession (APD), and what to do, step by step, when the estate — as is often the case in Polish-British families — sits on both sides of the border.

Grant of Probate and Letters of Administration — two versions of the same document

In England and Wales, the document confirming the right to administer a deceased person's estate is collectively called a grant of representation. It comes in two versions, depending on whether the deceased left a will:

• Grant of Probate — issued when the deceased left a valid will naming an executor. The executor applies for and receives the Grant of Probate, confirming their right to administer the estate in line with the deceased's wishes.
• Letters of Administration — issued when the deceased left no will (dying without a will is known as intestacy), or a will exists but names no executor able or willing to act. The court then appoints an administrator — usually the closest relative, following a set order of priority. A middle variant is Letters of Administration (with Will annexed) — a will exists, but the estate is handled by an administrator rather than an executor.

Both documents are issued by the Probate Registry in England and Wales, part of HM Courts & Tribunals Service (HMCTS) — nowadays most applications are made online via gov.uk. ⚠️ ** The exact procedure (jurisdiction, fees, processing times) is subject to administrative change, so it's worth checking the current position on gov.uk or with a solicitor before applying.

It's also worth knowing that Scotland (Confirmation, via the Sheriff Court) and Northern Ireland (a separate Probate Office) each have their own, broadly similar, systems — a Grant of Probate in the strict sense applies only to England and Wales.

When you actually need a Grant of Probate

Not every UK estate requires a Grant of Probate. In practice, it depends on how the assets were held:

• Assets held jointly (joint tenancy) — for example a married couple's joint bank account or a house held in both names — usually pass automatically to the surviving joint owner under the rule of survivorship, without needing a Grant of Probate for that particular asset.
• Bank accounts below a bank's own threshold — banks and building societies set their own thresholds (which vary by institution), below which they will sometimes release funds on production of the death certificate and a declaration, without a Grant.
• UK property held solely in the deceased's name (sole name), along with accounts, shares or funds above a bank's threshold — here a Grant of Probate is, in practice, essential before anything can be sold, transferred or paid out.

For Polish-British families, what matters most is that it's precisely the assets in the UK held solely by the deceased — a sole bank account, a house bought before marriage, employee shares — that most often hold up the case until the Grant of Probate comes through. This is usually the stage that delays the whole matter, because the family is waiting on funds from the UK to cover, among other things, the costs of the parallel procedure in Poland.

Grant of Probate versus the Polish inheritance order / APD — not the same document

This is the crux of the confusion. A Grant of Probate and the Polish inheritance document — a court order confirming acquisition of the estate or a notarial certificate of succession (APD) issued by a Polish civil-law notary (articles 976–989 of the Civil Code) — serve a similar function (they confirm who is entitled to deal with the estate), but they operate under two entirely separate legal systems, which since 1 January 2021 (Brexit) have not been linked by any shared regime.

Before Brexit, the European Certificate of Succession (ECS), issued under EU Regulation 650/2012, made things somewhat easier. ⚠️ Today the UK is no longer party to that Regulation, so an ECS issued in Poland is not recognised by UK institutions, and a Grant of Probate is not automatically recognised by Polish courts, notaries, or land and mortgage register courts.

Why a Grant of Probate on its own usually isn't enough in Poland

This is the question we hear most often, in exactly this form: does a Grant of Probate work in Poland — say, to transfer a deceased parent's house into your name?

In practice — usually not. A Polish notary, land and mortgage register court, or bank in Poland needs a Polish document confirming acquisition of the estate under Polish law, because:

1. Property in Poland is governed by Polish law (the lex situs principle) — regardless of where the deceased lived or what document an English court issued.
2. A Grant of Probate confirms the executor's/administrator's powers within the English system — it isn't a declaration of who inherits under the Polish Civil Code. Administration of an estate and substantive entitlement to inherit are two different concepts that don't necessarily coincide, particularly under intestate succession.
3. There is currently no shared mechanism for automatically recognising succession documents between Poland and the UK — a consequence of Brexit.

As a result, in the vast majority of practical cases a separate Polish probate procedure is needed — an APD before a notary or a court order from a district court — conducted as though the Grant of Probate didn't exist. The Grant of Probate itself, translated and apostilled, can serve in that procedure as a supporting document, helping the notary establish the facts (for example, who formally acted as executor in the UK) — but it does not replace it.

⚠️ ** In theory, Polish law also recognises the concept of recognition of a foreign court ruling (provisions of the Code of Civil Procedure on recognising foreign judgments). Whether, and when, that route would apply to a Grant of Probate — which is formally a document from non-contentious proceedings, not a judgment resolving a dispute — and whether it would be faster or cheaper than an ordinary Polish probate procedure in a given case, requires a lawyer's assessment on the specific facts. In practice, most matters proceed via the ordinary Polish probate procedure, run in parallel with the UK case, rather than via formal "recognition" of the Grant of Probate.

What to do when the estate spans both the UK and Poland

If the deceased left assets on both sides, you're facing two independent procedures, which are best run in parallel rather than one after the other:

Two points are critical here. First — the Polish 6-month deadline for accepting or rejecting the inheritance runs independently of what stage the UK case has reached. Waiting for the Grant of Probate does not pause the Polish clock. Second — if you want to act remotely from the UK, the Polish procedure can (and generally should) be handled by an attorney in Poland acting under a notarial power of attorney bearing an apostille, so you're not left waiting for the longer UK case to conclude.

For a full, step-by-step guide to running both procedures in parallel — including power of attorney, tax in both countries, and choosing the applicable law — see Inheritance after a Pole living in the UK and Polish succession and English law — which one applies?

Certified translation of a Grant of Probate into Polish

If the Grant of Probate is to be used in Poland — as a supporting document for a notary, court, or bank — you'll need:

• a certified (sworn) translation into Polish, prepared by a sworn translator listed with the Polish Ministry of Justice,
• an apostille on the original document — an international certificate of authenticity under the 1961 Hague Convention. ⚠️ ** The UK's status as a signatory to this Convention post-Brexit is worth confirming for your specific case — the same applies to other English documents used in Poland, such as wills.

The cost of the translation depends on the document's length — a Grant of Probate is typically a few pages. For comparison, translating a shorter UK death certificate usually costs around 150–300 PLN; a longer court document may cost proportionately more. It's worth confirming an exact quote directly with a sworn translator before instructing them.

How long a Grant of Probate takes and what it costs

Timing. In straightforward cases, with no disputes and complete documentation, obtaining a Grant of Probate usually takes 4 to 8 months from the application. Where complications arise — a dispute between heirs, missing documents, or the need to settle Inheritance Tax before the Grant is issued — the process can stretch to 12–18 months.

Cost. The overall cost of obtaining a Grant of Probate typically includes:

• an application fee paid to the Probate Registry — in the order of a few hundred pounds ⚠️ **,
• Inheritance Tax, if the estate's value exceeds the nil-rate band — up to 40% on the excess, and in many cases part of the tax must be settled before the Grant of Probate is issued, which can create a practical cash-flow problem for the family,
• solicitor's fees, if the case is handled with legal help — particularly advisable where assets are spread across several countries — roughly £1,000–5,000, depending on complexity. A simpler application can also be made independently via gov.uk, without a solicitor.

By comparison — a Polish APD before a notary typically takes 2–4 weeks and costs a few hundred złoty, making it noticeably faster and cheaper than the British side. This is one reason why it's usually worth getting the Polish procedure moving in parallel, rather than waiting for the longer UK process to finish.

Summary

• A Grant of Probate / Letters of Administration applies only to assets in England and Wales — it isn't a universal document.
• Property and other assets in Poland require a separate Polish probate procedure (an APD before a notary, or a court order), regardless of whether and when you obtain a Grant of Probate in the UK.
• The Polish 6-month deadline for accepting or rejecting the inheritance runs independently of the UK case — don't wait for the Grant of Probate before acting in Poland.
• A Grant of Probate, once translated by a sworn translator and apostilled, can serve as a supporting document in the Polish procedure, but it doesn't replace it.

FAQ

What is a Grant of Probate? It's an official court certificate (issued by the Probate Registry, part of HMCTS) in England and Wales, confirming that the executor named in the will has the right to administer the deceased's estate — collecting assets, paying debts, and distributing the remainder according to the will. If there's no will, the equivalent is Letters of Administration.

Does a Grant of Probate replace the Polish court order confirming inheritance? No. These are two separate documents from two separate legal systems. A Grant of Probate confers authority to administer assets in England and Wales; assets in Poland require a separate Polish procedure (an APD or a court order).

Do I always need a Grant of Probate if the deceased had anything in the UK? Not always. Jointly held assets (joint tenancy) usually pass automatically to the surviving co-owner, and some banks release small amounts without a Grant of Probate. For property or larger accounts held solely by the deceased — a Grant is usually required.

What's the difference between a Grant of Probate and Letters of Administration? A Grant of Probate is issued when there's a valid will naming an executor. Letters of Administration are issued when there's no will (intestacy) or no executor able to act; the court then appoints an administrator.

Do I need to have the Grant of Probate translated into Polish? Yes, if the document is to be used in a Polish procedure — you'll need a certified translation and, as a rule, an apostille on the original.

How do I get a Grant of Probate and how long does it take? The executor (or administrator) applies to the Probate Registry, usually online via gov.uk, along with the death certificate, the will (if there is one), and the Inheritance Tax settlement. A straightforward case takes 4–8 months; complications can stretch it to 12–18 months.

Can I wait for the Grant of Probate first and only then deal with the Polish side? We don't recommend it. The Polish 6-month deadline for accepting or rejecting the inheritance (article 1015 of the Civil Code) runs independently of whatever stage the UK case has reached — waiting for the Grant of Probate could mean you miss the Polish deadline.

Legal basis

• Act of 23 April 1964 — the Polish Civil Code, Book IV: Succession, including article 926 et seq. (calling to inherit), article 1015 (deadline for declaration), articles 976–989 (confirmation of acquisition of inheritance / certificate of succession) — isap.sejm.gov.pl (in Polish)
• Act of 28 July 1983 on inheritance and gift tax — isap.sejm.gov.pl (in Polish)
• Regulation (EU) No 650/2012 of the European Parliament and of the Council — applies to Poland; does not apply to the UK since 1 January 2021.
• The Administration of Estates Act 1925 and the procedural rules governing non-contentious probate in England and Wales ⚠️ **
• Government service — the Probate Service: gov.uk/applying-for-probate
• Government service — Inheritance Tax: gov.uk/inheritance-tax
• The 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (apostille)

Related guides: - A British national inheriting in Poland — a practical guide - Inheritance after a Pole living in the UK — what to know - Polish succession and English law — which one applies? - A will made abroad — is it valid in Poland? - Inherited property — how is it divided between heirs?

See also the full guide: Polish inheritance law and the service: Inherited property (in Polish)

Send us your inheritance documents

Sorting out formalities after losing a loved one is hard enough on its own — and when the estate is split across two countries, it's easy to lose track of what needs doing, where, and in what order. You don't have to work through it alone.

Get in touch and briefly describe your situation. It helps if, at the outset, you can tell us whether you already have (or are expecting) a Grant of Probate or a will, and roughly what makes up the estate in Poland — at this stage we don't need any documents, just a few sentences. On that basis, we'll suggest how to sequence the steps in both countries and which lawyer in Poland is worth contacting.

Submitting the form is not a contract or an instruction to act — it's just a first step, after which we'll agree on next steps together.

Legal notice: This material is for general information only and does not constitute legal advice. Legal position as of July 2026. The Grant of Probate, Letters of Administration, and the probate procedure are governed by English law — for UK matters you should consult an English solicitor; for matters concerning assets in Poland, a Polish advocate (adwokat), legal counsel (radca prawny), or notary. Twoja Sprawa is an information and coordination platform that connects users with a regulated lawyer in Poland — it is not a law firm and does not handle cases directly. Each inheritance matter should be assessed individually. This educational material on the Grant of Probate procedure in England and Wales is for information purposes only — Twoja Sprawa does not provide services in matters conducted in the United Kingdom and does not replace an English solicitor on questions governed by English law.