Succession law · Poland
Wills lawyers in Poland who plan your estate with care
Polish succession law is codified, and it reserves part of your estate for your closest family, so a will has to be drafted with the Civil Code and the zachowek in mind. Tell us what you need and we will match you with wills lawyers in Poland who handle estate planning, probate and inheritance disputes.
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Succession law in Poland
How wills and estates work in Poland
Making a will in Poland means working within a codified succession system, so the wording you choose matters as much as the signature. A Polish-qualified professional can help you weigh your testamentary freedom against the statutory rules that apply when no will has been left. They can also explain the reserved portion known as zachowek, which protects the closest family, and the six-month window for accepting or rejecting an inheritance. Our platform is not a law firm: we listen to your situation and match you with wills lawyers in Poland who handle estate planning in the language you speak. You keep control of the mandate and the fees; we simply make the first introduction faster and clearer.
Poland in practice
Wills, succession and probate in Poland
Polish succession law is codified in the Civil Code, so the framework is written down rather than built up case by case. A 2015 reform also changed what happens when an heir says nothing at all. The blocks below explain the parts that most often shape how a will is drafted, signed and later enforced.
Two legal professions, one set of courts
Poland has two parallel legal professions with equal rights of audience since 1 July 2015: the adwokat and the radca prawny. Both may appear before all courts, including the Supreme Court and the administrative courts. Membership of the relevant self-government body is compulsory, which means the professional you instruct is bound by a disciplinary framework.
Zachowek: the reserved portion
Testamentary freedom in Poland is limited by the zachowek under Article 991 of the Civil Code. Descendants, the spouse and the parents who would have inherited on intestacy can claim one half of the value of their share, or two thirds where the entitled person is a minor or permanently incapable of work. Cross-border estates often turn on this calculation.
Cross-border successions and the law you choose
EU Regulation 650/2012 allows a testator to elect their national law to govern the succession, which changes how the zachowek interacts with a foreign will. In a Polish cross-border succession that election can be decisive. A professional will check which law applies before anything is drafted, rather than after the family has fallen out.
Silence has a legal effect: benefit of inventory
Since the 2015 reform, an heir who makes no declaration within the six-month period for accepting or rejecting an inheritance is deemed to have accepted it with the benefit of inventory. Liability for the deceased’s debts is then limited to the value of the estate. An heir who acts as though they accepted without limitation can still be found liable in full.
Notarial form and the Land and Mortgage Register
A contract obliging a party to transfer ownership of real property must take the form of a notarial deed, and failure to observe that form makes the transaction null and void. Ownership and encumbrances are recorded in the Land and Mortgage Register, kept electronically by the district courts, with entries enjoying a presumption of accuracy and online search by the KW number since 2017.
What it costs to bring a succession case
Legal fees are freely agreed between the professional and the client; there is no binding official tariff, although a ministerial regulation caps the costs recoverable from the losing party. Court fees follow the Act on Court Costs in Civil Cases, with a proportional fee of 5% of the amount in dispute for pecuniary claims. People of limited means may qualify for free legal aid or for exemption from court costs with a court-appointed professional.
Key time limit — Inheritance, Probate & Wills
Inheritance acceptance or rejection declaration — 6 months. Miss the window and you are deemed to accept with the benefit of inventory, limiting liability to the estate’s value.
The country information above is taken from official Polish and European Union sources (the e-Justice Portal and the ISAP legislative database) and was checked against those texts at the time of publication.
- European e-Justice Portal — National justice systems: Poland
- European e-Justice Portal — Types of legal professions: Poland
- Prawo o adwokaturze of 1982 (ISAP)
- Civil Code of 1964 (ISAP)
- Family and Guardianship Code of 1964 (ISAP)
- Act on Court Costs in Civil Cases of 2005 (ISAP)
- Act on Land and Mortgage Registers and Mortgage of 1982 (ISAP)
- Code of Administrative Procedure (ISAP)
- Labour Code of 1974 (ISAP)
Common situations
What people bring to us about wills in Poland
Most enquiries start with a family decision, not with a legal question. These are the three we see most often.
You want to leave the estate in a particular way
You have clear intentions, but part of the value may be claimed by descendants, a spouse or parents under the zachowek. Understanding that reserved portion before signing anything is what keeps your plan workable.
The family or the assets are spread across borders
A Polish estate with heirs or property abroad raises the question of which national law governs the succession. EU Regulation 650/2012 lets a testator elect their national law, and that election has to be made deliberately.
Nobody knows whether to accept or reject an inheritance
There is a six-month period for accepting or rejecting an inheritance, and doing nothing has a legal consequence. Advice early in that window is usually cheaper than advice afterwards.
How we help
Why clients use our matching service for Polish succession matters
We are not a law firm and we do not give legal advice. We make the introduction to a qualified professional who does.
Both Polish legal professions covered
The adwokat and the radca prawny have held equal rights of audience before all courts since 1 July 2015, so you can be matched with whichever form of practice suits your matter.
Briefed before the first call
You describe the estate, the family and the deadline once. The professional receives that summary in advance, so the first conversation starts with your situation rather than with paperwork.
Fees discussed openly
Legal fees in Poland are freely agreed between client and professional and no binding tariff applies, so you can ask directly about the basis of charging before instructing anyone.
Cross-border matters welcome
If property, heirs or a previous will sit in another country, we look for a professional used to coordinating with foreign advisers and to the law that governs the succession.
Also covered
Where our clients’ matters are usually connected
Succession work rarely stops at one border. These are the European countries that most often appear alongside a Polish estate.
Questions
Frequently asked questions about wills in Poland
What does a wills lawyer in Poland actually do?
A Polish-qualified professional plans how your estate will pass on death: checking that your instructions sit within the limits set by the Civil Code, identifying who may hold a reserved portion, and preparing documents in the form the law requires. If a dispute follows, the same professional can represent you in the ordinary courts, where civil and family cases are heard.
What is the zachowek and how does it limit a will?
The zachowek is the reserved portion under Article 991 of the Civil Code. Descendants, the spouse and the parents who would have inherited on intestacy may claim one half of the value of their share, or two thirds where the entitled person is a minor or permanently incapable of work. Planning means testing your intentions against that claim in advance.
How long do I have to accept or reject an inheritance in Poland?
The period is six months. Since a 2015 reform, an heir who makes no declaration in that time 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. An heir who acts as though they accepted without limitation can still be found liable in full.
Can I choose which law governs my succession if I own property abroad?
EU Regulation 650/2012 allows a testator to elect their national law to govern the succession. That choice matters in cross-border estates, because the zachowek and the rules of the other country can pull in different directions. A professional will confirm which law applies before any document is drafted or signed.
How are fees for succession work calculated in Poland?
Legal fees are freely agreed between the professional and the client, and there is no binding official tariff. A regulation of the Minister of Justice fixes the rates used to calculate the costs of representation awarded to the winning party, so the amount recoverable in litigation is capped. People of limited means may qualify for free legal aid or for exemption from court costs with a court-appointed professional.
Do I have to appear in court myself?
In civil proceedings a party may in principle act in person, but in practice representation is required in many matters, particularly before the appellate courts and the Supreme Court. Both the adwokat and the radca prawny may appear before all courts, including the Supreme Court, the Supreme Administrative Court and the Constitutional Tribunal. Court proceedings in Poland are conducted in Polish.
Next step
Tell us about your estate and we will find the right match
Describe your situation in a few lines: where the assets are, who the family members are, and whether any deadline is already running. We will match you with a wills specialist in Poland who handles that kind of matter, at no cost to you and with no obligation to instruct.