Estate Planning · Poland
Find an estate planning lawyer in Poland
Estate planning in Poland touches wills, forced heirship, notarial deeds and the Land and Mortgage Register. Tell us about your situation once and we will match you with an estate planning lawyer in Poland, free of charge and with no obligation.
- Wills, zachowek and inheritance declarations
- Notarial deeds and Land and Mortgage Register entries
- Cross-border succession and matrimonial property
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Why this matters
Planning your estate under Polish law
Planning what happens to your property, your business interests and your family’s security after your death is never only a paperwork exercise in Poland. The Civil Code of 1964 and the Family and Guardianship Code set the framework, and they interact with the rules on matrimonial property, notarial form and the Land and Mortgage Register. Because the Polish system is codified rather than built on judicial precedent, the wording you choose in a will, a marriage property agreement or a notarial deed matters. An estate planning lawyer in Poland looks at your whole situation — assets, heirs, cross-border elements — and builds a plan that matches the statutes. Through our free matching service you describe your matter once and we connect you with a specialist who handles this area of Polish law.
Poland in practice
How estate planning works in Poland
Poland follows the continental civil-law model, so estate planning is driven by codified statutes such as the Civil Code and the Family and Guardianship Code rather than by judicial precedent. Civil, family and commercial matters fall within the ordinary courts, organised in district, regional and appellate tiers, with the Supreme Court unifying case law.
A codified framework applied by the ordinary courts
Polish succession and property law rests on comprehensive statutes, principally the Civil Code of 1964 and the Family and Guardianship Code of 1964. Civil cases are heard by the ordinary courts: district courts as first instance, regional courts for more serious or higher-value matters, and appellate courts on appeal, with the Supreme Court exercising cassation jurisdiction. EU law applies directly and prevails over conflicting national provisions.
Forced heirship: the zachowek
Testamentary freedom in Poland is limited. Descendants, the spouse and the parents of the deceased who would have inherited on intestacy are entitled to a reserved portion, the zachowek, under Article 991 of the Civil Code. It amounts to one half of the value of their intestate share, or two thirds where the entitled person is a minor or permanently incapable of work. This frequently creates tension in cross-border successions.
Notarial form for real property
A contract obliging a party to transfer ownership of Polish real property, and the contract actually transferring it, must be concluded as a notarial deed under Article 158 of the Civil Code. The notary verifies identity and capacity, controls legality and collects the relevant taxes. If the notarial form is not observed, the transaction is null and void, which is why the notary is central to Polish real-estate dealings.
The Land and Mortgage Register
Ownership of real property and rights in rem are recorded in the Land and Mortgage Register (księga wieczysta), governed by the Act of 6 July 1982 and kept electronically by the district courts. Each property has its own register in a real-folio system, recording successive owners, mortgages and encumbrances. Entries enjoy a presumption of accuracy, good-faith purchasers are protected, and registers have been searchable online by KW number since 2017.
Inheritance, inventory and matrimonial property
Since the 2015 reform, an heir who makes no declaration within six months is deemed to have accepted the inheritance with the benefit of inventory, so liability for the deceased’s debts is limited to the value of the estate. Acting as if accepting without limitation can still expose an heir fully. On marriage, statutory community of property arises by law under Article 31 of the Family and Guardianship Code; spouses may replace it by a notarial marriage property agreement (intercyza).
Who advises you, and what it costs
Poland has two legal professions, the adwokat and the radca prawny, with identical rights of audience before all courts since 1 July 2015; both are compulsory members of their self-government. Lawyers’ fees are freely agreed, while court fees in civil pecuniary cases are in principle 5% of the amount in dispute under the Act on Court Costs in Civil Cases of 2005. Free legal aid and court-appointed lawyers exist for those of limited means.
Key time limit — Inheritance, Probate & Wills
Declaration accepting or rejecting an inheritance — 6 months. Silence means the inheritance is accepted with the benefit of inventory.
Country information on this page is drawn from official Polish and EU sources (ISAP, the Polish legislative database, and the European e-Justice Portal), consulted in 2025.
- European e-Justice Portal — National justice systems: Poland
- European e-Justice Portal — Types of legal professions: Poland
- ISAP — Civil Code of 23 April 1964
- ISAP — Family and Guardianship Code of 25 February 1964
- ISAP — Act on Land and Mortgage Registers and Mortgage of 6 July 1982
- ISAP — Act on Court Costs in Civil Cases of 28 July 2005
- ISAP — Prawo o adwokaturze of 26 May 1982
Common problems
What clients bring to us
Estate planning questions in Poland usually start with one of these situations.
A will that may not do what you expect
Polish law protects close family through the zachowek, so a will leaving everything to one person can still have to be adjusted for descendants, a spouse or parents who would inherit on intestacy.
Assets and family spread across borders
A property in Poland, heirs living abroad or a spouse of another nationality quickly raise the question of which law governs the succession and where it must be handled.
Formalities that are easy to get wrong
Transfers of Polish real property require a notarial deed, and rights are only reliably protected once recorded correctly in the Land and Mortgage Register.
How we help
Matching you with the right adviser
One short description of your matter is enough for us to look for a suitable specialist.
Specialists in Polish succession law
We match you with an estate planning lawyer in Poland who regularly deals with wills, the zachowek, inheritance declarations and notarial deeds.
Both legal professions covered
Poland has adwokaci and radcowie prawni with identical rights of audience before all courts since 1 July 2015, and we look across both when we search for your match.
Cross-border experience
Where a succession has a foreign element, we look for advisers familiar with EU Regulation 650/2012 and the election of national law it allows a testator to make.
Clarity on costs before you commit
Lawyers’ fees in Poland are freely agreed, so you can ask about hourly rates, fixed fees and court fees such as the 5% proportional fee in civil pecuniary claims before deciding how to proceed.
Also available in
Other European jurisdictions
Estate planning rules differ from country to country. If your situation spans more than one jurisdiction, you can also look for advisers elsewhere in Europe.
Questions
Estate planning in Poland — FAQ
How do I find an estate planning lawyer in Poland?
Poland has two legal professions, the adwokat and the radca prawny, both with equal rights of audience before all courts since 1 July 2015 and both subject to compulsory professional self-government. Our free matching service takes your description of the matter and connects you with a specialist who handles Polish succession and property planning.
Can I decide freely who inherits in Poland?
Not entirely. Under Article 991 of the Civil Code, descendants, the spouse and the parents of the deceased who would have inherited on intestacy are entitled to the zachowek, a reserved portion of one half of the value of their intestate share, or two thirds where the entitled person is a minor or permanently incapable of work.
Do I need a notary to deal with Polish property?
Yes. Under Article 158 of the Civil Code, both the contract obliging a party to transfer ownership of real property and the contract transferring it must be made as a notarial deed. The notary checks identity and capacity, controls legality and collects the relevant taxes. Without that form the transaction is null and void.
What happens if I do not respond to an inheritance within six months?
Since the 2015 reform, an heir who makes no declaration within six months is deemed to have accepted the inheritance with the benefit of inventory, so liability for the deceased’s debts is limited to the value of the estate. Acting as though accepting without limitation may still lead to full liability.
Can a testator choose the law that governs a Polish succession?
Where the succession is cross-border, EU Regulation 650/2012 allows a testator to elect their national law to govern it. This matters in Poland because the zachowek protects close family, which can create conflicts between the reserved portion and the result under the chosen law.
What does legal help cost in Poland?
Fees are freely agreed between lawyer and client, as there are no binding official tariffs. Court fees in civil pecuniary matters are in principle 5% of the amount in dispute, and a regulation sets the rates used for recoverable costs. Free legal aid and court-appointed lawyers are available for those of limited means.
Next step
Describe your matter once
Tell us what you need to plan — a will, a notarial deed, an inheritance declaration or a cross-border succession — and we will look for an estate planning lawyer in Poland whose practice covers it. Matching is free and there is no obligation to instruct anyone.