Can a foreigner inherit real estate in Poland?

When it comes to inheritance in Poland, nationality generally does not matter – under Polish law, both Polish citizens and foreigners can inherit on equal terms. There is, however, one notable exception: to inherit real estate located in Poland, a foreigner may need to obtain a special permit issued by the Polish Ministry of the Interior and Administration.

Who is a “Foreigner” under Polish Law?

A foreigner is anyone who is not a Polish citizen. This means that even if you have never lived in Poland or do not speak Polish, but you hold Polish citizenship (for example, through your parents), you are not considered a foreigner – and no permit is required to acquire real estate.

Conversely, if you have lived in Poland for many years and feel fully integrated but do not hold Polish citizenship, you are still treated as a foreigner for the purposes of Polish law.

When is the permit necessary?

If your relative died intestate (without leaving a will) and you are one of their statutory heirs (more about it – Inheritance in Poland: Key Legal Rules Explained for Families and Heirs), you do not need any permit. Upon the deceased’s death, ownership of all their property – both movable and immovable – passes automatically to the heirs (either solely or jointly).

However, if you are named as a beneficiary in a will made by someone whose last habitual residence was in Poland (even if they were not a Polish citizen), the situation becomes more complex. While you automatically acquire ownership of movable assets (such as personal belongings), inheriting real estate located in Poland requires a permit from the Ministry.

How and when to apply for a permit?

To inherit real estate located in Poland under a will, you must apply for a permit from the Ministry of the Interior and Administration within two years from the date of the deceased’s death.

The procedure is similar to the one required for foreigners purchasing real estate in Poland (see my article- Buying Property in Poland as a Foreigner: Do You Need a Permit?).

Your application should include:

• personal details (name, surname, address, citizenship),
• detailed information about the real estate (legal title, address, municipality, voivodeship, plot number, area, land and mortgage register number, and development status),
• details of the deceased (name, surname, address), and
• the legal basis for the acquisition (inheritance).
  

You must also demonstrate that acquiring the real estate does not pose a threat to state defence, security, or public order; that it is not contrary to social policy or public health; and that you have ties with Poland.

The application must be accompanied by several supporting documents, such as proof of identity (e.g. residence card), an extract from the land register, and – if applicable – a copy of the land and mortgage register.

The stamp duty for submitting the application is 1,570 PLN.

When is a permit not required?

There are several exceptions where a foreigner does not need a permit to inherit real estate. For example, a permit is not required if:

• you are a citizen of a European Union country
• you have legally resided in Poland for at least five years (or two years if your spouse is a Polish citizen), or
• the inherited property is an independent residential unit or a garage connected with such a unit.

What if you don’t obtain a permit?

If you fail to apply for a permit within two years of the deceased’s death, or if your application is denied, the real estate is not transferred to you. Instead, it is inherited according to the rules of intestate succession.

Conclusion

While foreigners can freely inherit movables in Poland, inheriting real estate may require a special permit. The process is formal but manageable – and in many cases, exemptions apply. If you are about to inherit property in Poland, it’s worth consulting a legal professional to determine whether a permit is needed and how to obtain it efficiently.

The rules listed above are general and cover the most important aspects of inheritance in Poland. 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).