Acts: Decision on Acquisition of Inheritance; Notarial Deed of Succession
Legal Framework: Article 669 et seq PCCP (Polish Code of Civil Procedure)
Competent Authority:
a) probate courts (contentious cases);
b) notaries (non contentious cases)
Procedure: a) Decision on Acquisition of Inheritance
- it can be issued by District courts (jurisdiction based on the testator’s last residence).
- It is necessary when there is pending case regarding the inheritance or when there is not an agreement between the heirs. Here the Probate court verifies heirs and the validity of wills
- Timeframe varies (can be quick or lengthy, depending on disputes)
b) Notarial deed of succession:
- It is a faster alternative to court proceeding for Decision on Acquisition of Inheritance
- Possible only if:
- All heirs are present and in agreement
- No pending court case regarding the inheritance
- Covers both intestate and testamentary succession (except for special wills)
- Requires documents: death certificate, birth certificates, valid will (if applicable)
Nature and function: Decision on Acquisition of Inheritance and Notarial Deed of Succession have a declarative nature. They share the same function in certifying inheritance rights, serving as a basis for land registry and bank access.