Stwierdzenie nabycia spadku a notarialny akt poświadczenia dziedziczenia - czyli jak uzyskać spadek?

Quick contact with our office: 📞 695 560 425 🌐 https://kancelaria-klisz.pl/ 📩[email protected] More information about estates and inheritance - ℹ️ https://zachowek.biz.pl/ Confirmation of inheritance is the basic procedure used to determine who is the heir of a deceased person. It is an official confirmation of rights to an inheritance, such as money, real estate, a share in an apartment, savings, or other assets. Without this confirmation, it is impossible, for example, to sell a parental apartment, withdraw money from an account, or divide the estate. In Poland, confirmation of inheritance can be obtained in two ways: in court or through a notary public as a deed of inheritance certification. Both methods lead to the same goal: the acquisition of the inheritance, but differ in formalities, time, and costs. Court confirmation of inheritance is conducted in the district court with jurisdiction over the deceased's last place of residence. This is known as a court-appointed inheritance court. The inheritance court, i.e., the District Court for the Capital City of Warsaw or another court with local jurisdiction, depending on the situation. The case is heard in the civil court, often referred to as the District Court Civil Division. Before the proceedings can begin, an application for confirmation of inheritance must be filed. Such an application for confirmation of inheritance includes the details of the heirs, information about death, opening of the inheritance, and places of residence. A will is often attached, if one has been prepared. In the absence of a will, inheritance is governed by the rules of the Civil Code, which determine who inherits and in what order. If there is a will, the will must be opened and announced, which also takes place in court. The court then determines the status of all eligible inheritors, and the court ex officio examines whether anyone has been omitted or whether there are any impediments to inheritance. In practice, filing a petition to confirm acquisition doesn't require complicated steps. However, it is crucial to attach the appropriate documents to the inheritance, such as a shortened copy of the death certificate, the heirs' identity documents, and any registered certificate of inheritance or will. After the petition is filed, the court schedules a hearing, although it can sometimes issue a decision even without one if all heirs agree to the circumstances. The case concludes with a document called a decree of inheritance, or a court order. This final decree of inheritance confirms each heir's share in the estate, known as a share in the estate. From this point on, the estate can be divided, or divided into estate assets. An alternative is a notarial certificate of inheritance, also known as a notarial deed of inheritance certification. In this procedure, the notary prepares the deed of inheritance certification after collecting the relevant documents and declarations from the heirs. The notary can only prepare the certificate of inheritance if all heirs appear simultaneously and there is no dispute between them. If the conditions are met, the notary prepares a deed of inheritance certification, which is then registered in the central register as a registered deed of inheritance certification. From that point on, it has the same legal force as a court-issued deed of inheritance certification. However, it is worth noting that obtaining a deed of inheritance certification by a notary may not be possible if there is a conflict between the heirs, doubts about the will, uncertainty about the composition of the estate, or the need to resolve issues such as acceptance or waiver of the inheritance. In such cases, a court proceeding to confirm inheritance acquisition is necessary, sometimes called a judicial declaration of inheritance acquisition. Polish law stipulates that an heir must make a decision on accepting or waiving the inheritance within six months of the opening of the inheritance, which is commonly understood as six months after death. Only after these declarations have been made can the matter be concluded. TABLE OF CONTENTS: 00:00 Introduction 02:12 Why apply for a deed of inheritance certification or a deed of inheritance certification? 03:59 Court case regarding confirmation of inheritance 04:58 Deed of inheritance certification 05:57 Will a notary not prepare a deed of inheritance certification? 06:53 Deed of inheritance certification vs. notarial deed of inheritance certification – which to choose? #inheritance #inheritance Do you have any questions? | Call me 📞 695 560 425 Email me 💬 [email protected] CONTACT: https://zachowek.biz.pl/ Address: ul. Kazimierza Wielkiego 1, 50-077 Wrocław Phone: +48 697 945 000 I also handle cases in: WARSAW: http://prawo-spadkowe-warszawa.pl/ KRAKOW - https://prawo-spadkowe-krakow.pl/ POZNAŃ - https://prawo-spadkowe-poznan.pl/ KATOWICE - https://prawo-spadkowe-katowice.pl/ GDAŃSK - https://prawo-...