Inheritance in Poland does not always bring financial gain – sometimes, you may inherit debts instead. This is due to the principle of universal succession under Polish inheritance law, which means that heirs step into the legal position of the deceased, acquiring not only their assets but also their liabilities.
Is there a remedy? Yes – you can reject the inheritance in full, or, if you prefer to limit your liability, accept it with the benefit of inventory (przyjęcie z dobrodziejstwem inwentarza). In this article, we focus on the former option.
How to Renounce an Inheritance?
If you do not wish to inherit, you can submit a statement of renunciation, which completely excludes you from the succession. This means you waive all rights to both assets and debts of the deceased.
To reject an inheritance, you must make a formal statement before a judge, notary public, or Polish consul within six months from the date you learned that you are entitled to inherit. Typically, this is the date of the deceased’s death (or, to be precise, the date you were informed about the death) or the moment you were notified someone before you in the succession line (about the succession line – here Inheritance in Poland) has rejected the inheritance.
If you miss the six-month deadline, you are deemed to have accepted the inheritance – either with the benefit of inventory (for deaths occurring on or after October 18, 2015) or with unlimited liability for debts (for earlier cases).
To meet the deadline, it is sufficient to file a petition with the court to record your statement within the six-month period.
The renunciation can be made: orally (a court or notary will draw up a protocol), or in writing (your signature must be notarized).
Where to Submit the Statement?
Jurisdiction depends on your residence:
- If you live in Poland, the competent court is the district court for your place of residence.
- If you reside outside of Poland, you may:
- Use the services of any notary public in Poland (notaries have no territorial jurisdiction), or
- Submit the statement before a Polish consul in your country.
Consequences for Other Heirs
When you reject the inheritance, you are legally treated as if you predeceased the deceased. As a result, the next person in the line of succession becomes entitled to inherit – unless they also renounce the inheritance.
It is important to note that if you fail to inform your relatives that because you have renounced the inheritance they need to consider doing this as well – they may not realize they now stand to inherit and miss their own deadline to reject.
The same applies to minor children. If you have children who are underage, you should submit the renunciation on their behalf. In Poland, for deaths occurring before November 23, 2023, a court’s permission may be required to do this.
Summary
Renouncing an inheritance in Poland can protect you from unwanted financial obligations, especially if the estate includes debts. Understanding the six-month deadline and formal requirements is key – both for your own sake and to avoid complications for other heirs.
The rules listed above are general and cover the most important aspects of rejecting the inheritance under Polish law. However, each case is unique and may involve different legal provisions. That’s why it’s essential to analyze the situation thoroughly before taking any steps. If you have any questions or need assistance from a lawyer, please do not hesitate to contact me via email (kotowska.kancelaria@gmail.com) or by phone (+48 608 393 623).
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