Acquiring Real Estate in Poland by Foreigners through Inheritance

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In Poland, acquiring real estate by foreigners can be complex, and the situation becomes particularly intricate when it involves inheritance. This article explores the legal nuances and necessary procedures a foreigner must navigate to inherit property in Poland.

Legal Framework

Poland’s regulations on foreigners acquiring real estate are primarily governed by the Act on Acquisition of Real Estate by Foreigners. This legislation defines a foreigner as any person or company not considered Polish under the law. For EU citizens and entities, the restrictions are less stringent compared to non-EU nationals. However, when it comes to inheritance, specific rules still apply.

Inheritance Law and Treaties

Polish inheritance law follows the principle of ‘lex rei sitae‘, meaning the law of the country where the property is located applies. This principle is crucial for foreigners inheriting property in Poland. Poland has bilateral agreements with numerous countries, influencing how inheritance laws are applied. These agreements particularly affect the required permissions and the involvement of the Ministry of Interior.

Procedure for Inheriting Property

When a foreigner inherits property in Poland, the process generally involves several key steps:

  • Verification of Legal Status: The first step is to ascertain whether the heir requires permission to acquire the real estate. EU citizens generally do not need this permission, but non-EU citizens often do.
  • Probate Proceedings: These proceedings determine the rightful heirs and validate the will, if applicable. Probate in Poland is handled by a court or a notary, depending on the case’s complexity.
  • Obtaining Permission: Non-EU foreigners must apply for permission to acquire real estate from the Ministry of Interior. This process involves demonstrating the inheritance’s legality and proving that acquiring the property will not threaten national security.
  • Registration of Property: Once the above steps are completed, the heir must register the property transfer with the local land registry to officially become the property owner.

Inheriting property in Poland as a foreigner involves navigating a complex legal landscape. It requires a good understanding of both Polish property laws and the specific provisions applicable to foreigners. While EU nationals have a relatively straightforward process, non-EU heirs must prepare for a more rigorous procedure, including obtaining necessary permissions. Legal advice and proper planning are essential to manage these complexities effectively, ensuring that the inheritance process is as smooth as possible.