Popular inheritance mistakes and how to avoid them

Inheriting assets after the death of a loved one can be a complex and emotionally demanding experience. When an international dimension is involved, the risk of making mistakes increases significantly. Some errors related to formalities occur regardless of whether the heir lives in Poland or abroad. Others are closely linked to the cross-border aspect that many of our clients face. Below we discuss the most common problems with inheritance and how to avoid them.

Inheritance Problems and How to Avoid Them – Start Probate Proceedings as Soon as Possible

One of the most common problems with inheritance faced by heirs is simple inaction lasting months or even years after the death of a loved one. This is understandable. Grief, distance, and unfamiliarity with foreign legal systems often make it easier to postpone dealing with formalities. However, in Poland, delays in taking action can have significant consequences.

Polish inheritance law sets strict deadlines for certain actions, including accepting or rejecting an inheritance. If no action is taken within the statutory time limit, the heir may be deemed to have accepted the inheritance outright—including all associated debts. Moreover, the longer the delay, the more difficult it becomes to locate documents, contact Polish institutions, and gather evidence confirming heir status.

The sooner legal steps are taken, the more options are available. If you are unsure where to start, it is best to consult at an early stage with a Polish inheritance lawyer who can explain which steps need to be taken and in what order.

It is necessary to verify whether a will exists.

Many foreign heirs assume that their relative died without leaving a will—or, conversely, that a will exists without verifying it. Both situations can lead to serious complications.

In Poland, a valid will can take several forms: a handwritten document, a notarial deed, or a declaration made in the presence of witnesses. If a will exists, it must be submitted to the competent court or notary and its validity formally confirmed. If it is overlooked or not found, the estate may be distributed according to statutory inheritance rules, which may not reflect the actual intentions of the deceased.

Before initiating any formal proceedings, it is worth checking whether a will has been registered with a Polish notary. Poland maintains a nationwide register of notarial wills – the National Notarial Register of Wills – which can be searched by a lawyer. Even if no registered will is found, this does not exclude the existence of a handwritten version, so a thorough review of the deceased’s belongings and documents is strongly recommended.

The Polish legal system works differently than one might expect

Heirs residing abroad often expect that Polish probate proceedings will work in the same way as in their home country. This is rarely the case. The legal framework, involved institutions, required documents, and the overall process can differ significantly.

A common mistake is the belief that a foreign court decision or document—such as an English grant of probate or the European Certificate of Succession—will be automatically recognised and applied by Polish authorities. While EU regulations have simplified certain aspects of cross-border succession, Polish probate proceedings still usually require formal steps to be taken in Poland before a court or a notary, depending on the circumstances.

Attempting to navigate this process independently without local legal assistance often results in delays, rejected applications, and the need to restart the procedure from the beginning.

Do not overlook tax obligations related to inheritance

Polish inheritance tax is calculated based on the value of the inherited assets and the degree of kinship between the deceased and the heir. Close family members—including spouses, children, and parents—may be fully exempt from tax, provided that they submit the required notification within the prescribed deadline. More distant relatives and unrelated persons are subject to progressively higher tax rates.

A surprisingly common mistake is failing to submit the tax notification even when no tax is ultimately due. Missing the deadline may result in the loss of the tax exemption, meaning that tax must be paid even though it could have been legally avoided.

It is also important to remember that inheriting real estate in Poland does not automatically provide cash to cover any potential tax liability. If the estate consists mainly of property, the method of settling the tax should be planned in advance.

Not all heirs will agree – it is worth preparing for this

When an estate is inherited by multiple people—siblings, cousins, or other relatives—it is easy to assume that everyone will agree on how to proceed with the assets. In practice, this is often not the case.

Disputes over whether to sell or keep real estate, how to divide assets of unequal value, and who should manage the entire process are extremely common. If the heirs cannot reach an agreement, the matter may need to be resolved through court proceedings, which significantly extends the process and generates additional costs.

The best way to reduce this risk is to contact all heirs at an early stage and, if necessary, seek legal assistance to facilitate the division of the estate. In many cases, a formal court application for the division of the estate is the most efficient course of action.

Before selling inherited property, all circumstances should be carefully considered

Inheriting real estate in Poland presents heirs with a dilemma. Selling the property before completing all required legal steps is not possible—the transfer of ownership cannot take place until the inheritance has been formally confirmed and the land and mortgage register has been updated. Any attempt to bypass or shorten this process will only lead to complications.

On the other hand, holding inherited property indefinitely without a clearly defined plan also generates costs. It requires not only ongoing maintenance but, in many cases, also imposes local tax obligations on the owner—regardless of whether they reside in Poland or abroad.

If there is an intention to sell the property, it is advisable to begin the legal process as soon as possible after the deceased’s death, so that by the time the heir is ready to proceed with the sale, the legal foundation is already in place. A lawyer can also advise on the Polish tax consequences of selling property, which vary depending on how long the property has been owned and whether it served as the primary residence.

It is necessary to accurately determine what forms part of the estate

It often happens that heirs, especially those living far away from the deceased, have an incomplete picture of what actually forms part of the estate. Bank accounts, real estate, shares in companies, insurance policies, and certain property rights may all be included in the estate, and not all of them will be evident from the documents left by the deceased.

In Poland, there are mechanisms that allow for the identification of certain assets. For example, banks may provide information about accounts held by the deceased, but only after the heir has presented documents confirming their legal status, such as a court decision confirming inheritance or a notarial certificate of inheritance. In addition, searching the land and mortgage registers makes it possible to identify real estate owned by the deceased.

Electronic Land and Mortgage Register (KW)

However, it is important to remember that access to such information and its retrieval must take place at the appropriate stage of probate proceedings and in accordance with the applicable procedures.

Taking the time to carefully determine the composition of the estate before completing its division can prevent situations in which new assets are discovered only after the proceedings have been closed. In such cases, it may be necessary to initiate additional legal actions, which prolong the entire process and increase its costs.

Managing inheritance matters from abroad without Polish legal assistance rarely produces the expected results

Finally, perhaps the most important point. The assumption that inheritance matters in Poland can be fully managed from abroad without professional local support is one of the most costly mistakes made by heirs.

Polish probate proceedings in many cases require the heir to appear before a notary or a court—unless the heir has granted a valid power of attorney to a Polish lawyer acting on their behalf. Documents must meet specific formal requirements, and statutory deadlines must be observed. In addition, communication with Polish authorities is usually conducted in Polish.

Having a lawyer familiar with the Polish legal system who can represent the client directly before courts, notaries, tax authorities, and land and mortgage registry offices is not a luxury, but a practical necessity for anyone dealing with inheritance matters in Poland from abroad.