Inheritance genealogy in Poland and for citizens residing in Poland. Przemys?aw Portu?

In Poland, unlike in other Western European countries, the institution of an inheritance genealogist has not yet reached the courts.

I decided to change this situation.

I registered as a court expert in the field of genealogy in the district court in ... Then I began to popularize my profession among lawyers and notaries. The effect of my actions was to assign me several difficult tasks aimed at establishing a group of statutory heirs, and then finding their addresses and contact details.

My actions carried out in a fairly short time /2 weeks/ were met with recognition, but the effect of my actions and search capabilities are not known to a larger group of lawyers or people entitled to inheritance.

That is why I created a new website for my company genealogiaspadkowa.pl and started to popularize this profession in Poland.

I also checked online that there are three law firms operating in the country that conduct inheritance genealogy proceedings for families living outside Poland and most likely having inherited property there.

However, I did not find a company in Poland specializing in searches performed at the request of Polish courts, or Polish lawyers for inheritance proceedings conducted before courts in Poland or for inheritance certification before notaries in Poland.

Therefore, bearing in mind the identified problem, based on my legal knowledge and experience as an inheritance genealogist, I took the liberty of developing this article that brings the issue closer to the ground of existing law and the Civil Code.

Here are my thoughts and legal provisions.

After the death of the testator, it is most often necessary to conduct an inheritance case. The appointment of a given person to receive the inheritance may result from the law or from the deceased's will (Article 926 §1 of the Civil Code).

This can be done in two ways: at a notary who draws up a deed of inheritance certification or in court, obtaining a final decision on the confirmation of inheritance. Obtaining a certificate of inheritance from a notary is much faster.

What is a certificate of inheritance certification?

According to Article 1025 §1 of the Civil Code, the court, at the request of a person with an interest in it, confirms the acquisition of inheritance, and the notary draws up a deed of inheritance certification. A registered deed of inheritance certification has the effects of a final decision on the confirmation of inheritance (Articles 95j and 95p of the Act of 14 February 1991, the Law on Notaries), which constitutes confirmation of inheritance.

A notarial certificate of inheritance is a document that indicates who and in what shares inherits from a given deceased person.

The certification of inheritance at a notary consists of several activities, taking place on the same day: the protocol of opening and announcement of the will (in the case of inheritance based on a will), the inheritance protocol and the deed of inheritance certification.

In order for these activities to take place, the heirs must be notified of the date of the activities, indicating the appropriate notary. Failure to perform such activities in relation to heirs who are known to have appeared will result in the suspension of the activities or their dismissal until the circle of statutory heirs is determined.

What happens when we do not know who the statutory heir is? When we do not know whether the deceased person had siblings or other descendants entitled to inherit?

This is where the work of the inheritance genealogist begins, who makes appropriate determinations by specifying the circle of people entitled to inherit.

Each action of the inheritance genealogist must result from a formal power of attorney granted to him by an entity with a legal and factual interest in this respect.

The circle of heirs, i.e. people entitled to inherit after the deceased person, is determined by legal regulations and depends on the specific jurisdiction. Two main groups of heirs can be distinguished.

The first inheritance group is the spouse and children of the testator. Children inherit in equal shares, which means that each of them is entitled to an equal share of the estate. If the children of the deceased are deceased, then their descendants, i.e. grandchildren and great-grandchildren, can inherit on their behalf.

The second group of inheritance includes situations in which there are no children or descendants of children. In such a case, the spouse may still be entitled to inherit, although their share may be smaller than in the case of the presence of children. If there are neither children nor living parents of the deceased, then the parents can inherit.

In addition, if there are no children, spouse or living parents, the siblings of the deceased or their descendants may be called to inherit.

It is worth emphasizing that inheritance laws can vary significantly depending on the country and region. Therefore, in the case of inheritance, it is always worth consulting a lawyer or notary to understand the specific regulations and adapt inheritance planning to your needs and wishes.

The testator also has the option of making a will, in which he can specify to whom he wants to pass his estate after death, which can introduce significant changes to statutory inheritance and it should be remembered who can additionally participate in such an action and at what time. Wills have different forms. Currently, wills prepared before a notary are registered in the Notarial Register of Wills, abbreviated as NORT.

This is an electronic database, to which only notaries have access. The register stores information on wills prepared in the form of a notarial deed and handwritten wills, if they are kept by a notary.

The court's obligation to determine the circle of heirs.

In light of the provisions on inheritance proceedings regulated in the Polish Civil Code /Journal of Laws 2024.0.1061, i.e. - Act of 23 April 1964 - Civil Code/, in cases for determining the acquisition of inheritance, the court examines ex officio who is the heir.

According to art. 677 § 1 of the Code of Civil Procedure, the court shall determine the acquisition of inheritance by the heirs, even if they are other persons than those indicated by the applicant and participants in the proceedings. In the proceedings for determining the acquisition of inheritance, the role of the court is determined by the statutory obligation to act ex officio.

The court's binding on the claims of the application applies only to the person of the testator, and in the remaining scope the inheritance court rules within the framework determined by the norms of substantive law and the results of the evidentiary proceedings conducted.

A new institution on the legal services market in Poland is the institution of the court genealogist, who, by court decision, determines the circle of persons entitled to inheritance. The findings made by the expert forensic genealogist constitute evidence in the case.

The determination of heirs by the court is usually initiated after an application has been filed by the interested parties or the authorities responsible for conducting inheritance cases.

In the first stage, the court carefully examines documents such as wills, death certificates, or any prenuptial agreements to obtain the first indications of potential heirs.

Then, the process moves on to a more advanced phase, in which the court may decide to hold a hearing, during which witnesses are questioned and documentary evidence is analyzed.

It is at this stage that the principle of intestatum is often used, which determines inheritance in the absence of a will.

Inheritance is the process of taking over the property of the deceased. In civil law, there are two types of inheritance, i.e. testamentary inheritance and ab intestato.

Ab intestato inheritance, or statutory inheritance, refers to the case when the deceased did not leave a valid will.

Inheritance ab intestate means that people close to the deceased, such as children, spouse, parents and in some cases siblings, have the right to inherit. The categories of statutory heirs are defined in the Civil Code.

If the deceased did not leave behind any will or inheritance agreement, the inheritance is divided on the basis of equal shares between the children, if there are no children, then between the spouse and parents, if there is no spouse, then between the parents, etc. In the event that there are neither children, spouse nor parents, the inheritance is received by the siblings of the deceased.

However, it should be remembered that inheritance ab intestate is only one of the methods of inheritance. In the event that the deceased left a will or inheritance agreement, these guidelines take precedence over the statutory ones.

The court may also use the help of specialists, such as inheritance genealogists, to thoroughly trace the lineage of potential heirs.

If the court finds that the evidence submitted is not sufficient to fulfil the obligations arising from Article 670 of the Code of Civil Procedure, it may impose certain evidentiary obligations on the applicant and participants (see Supreme Court resolution of 24 October 2001, III CZP 64/01, OSNC 2002, No. 5, item 61; Supreme Court ruling of 24 September 2009, IV CSK 129/09). Evidence from civil status records has a special character, resulting from Article 3 of the Act of 28 November 2014 - Civil Status Records Law (Journal of Laws 2014, item 1741, as amended, previously Article 4 of the Act of 29 September 1986 - Civil Status Records Law, Journal of Laws 2011, No. 212, as amended). The principle of the exclusivity of evidence of these acts means that only on their basis is it possible to identify the statutory heirs in relation to the testator. The determination of the personal data of the heir may be based solely on the basis of civil status records, which cannot be replaced by other evidence. On the other hand, failure to present a civil status record of a person who, in the light of the participants' assurances, could claim inheritance cannot lead to denying such a person the attribute of an heir. This could then lead to depriving them of the right resulting from inheritance and issuing a judgment in violation of Article 670 § 1 of the Code of Civil Procedure and Article 677 § 1 of the Code of Civil Procedure (see the resolution of the Supreme Court of 24 October 2001, III CZP 64/01, OSNC 2002, No. 5, item 61; the judgment of the Supreme Court of 14 April 1959, I CR 109/59, OSN 1960, No. 2, item 53).

Records from the registry office are documentary evidence, which means that their failure to submit them cannot constitute grounds for suspending the proceedings within the meaning of Art. 177 § 1 item 6 of the Code of Civil Procedure. This is not a reason preventing the case from proceeding further (see Supreme Court resolutions of 28 November 1968, II CZ 185/68. OSNCP 1969, no. 7-8, item 144 and of 4 May 1973, II CZ 53/73, OSNCP 1974, no. 2, item 35). Supreme Court resolution – Civil Chamber of 16 November 2016, I CSK 807/15.

It is also important to determine who cannot be an heir?

A person who is dead at the time of opening of the inheritance cannot be an heir because they are no longer able to inherit the property. This obvious limitation applies to both natural and legal persons. When it comes to legal persons, such as companies, foundations or associations, in order to be heirs, they must exist at the time of opening of the inheritance. If the legal entity has not yet been established or has ceased to exist before the inheritance opens, it is not entitled to inherit. However, there is an important issue related to children conceived at the time of the inheritance opening. A child who has already been conceived at the time of the inheritance opening can be an heir if born alive. This is an important principle in order to protect the inheritance rights of unborn children, to ensure that they have equal access to the inherited property.

Who takes the place of the deceased heir?

In the event that the statutory heir dies before the inheritance opens, his place is taken by his descendants, i.e. descendants inheriting his share of the estate, in accordance with the law. This means that if the statutory heir did not manage to participate in the inheritance due to his death, his children or other offspring inherit the inheritance on his behalf.

It is worth noting that the descendants take the inheritance individually, which means that each of them inherits their share of the inheritance that was intended for the deceased statutory heir.

In this way, the inheritance is continued in the line of offspring, and the shares are inherited by the descendants of the deceased heir.

This principle of inheritance in place of the deceased heir is intended to ensure the continuity of inheritance and to maintain inheritance rights in the family, even if one of the potential heirs is dead before the inheritance opens.

How long does it take to establish heirs?

The process of establishing heirs and the entire process of establishing inheritance can take different amounts of time, depending on many factors, including the workload of the court and the specific jurisdiction.

Once a petition for an inheritance is filed, the court will schedule a hearing to establish heirs and resolve other issues related to the inheritance. However, the dates of the hearings can vary and depend on the current situation in the court.

Often, the process takes 3 to 6 months from the date of filing the petition. This is a general guideline, but the time frame can be shorter or longer depending on many factors, such as the workload of the judge, the availability of court dates, the amount of documents to review, and other factors.

The process of establishing heirs and inheriting an estate is often complicated and requires following specific legal procedures. Those involved in the process, including applicants, heirs, and attorneys, must be prepared for the fact that it may take some time before the court makes final decisions about the inheritance. It is therefore always advisable to consult a lawyer or attorney to obtain detailed information on the process and deadlines in your specific jurisdiction and to be prepared for any delays in the inheritance determination process.

In a situation where one of the participants in the inheritance proceedings knows about the existence of other heirs, e.g. half-siblings, but is not in contact with them, the applicant will have to try to find them. Even if the search is unsuccessful, attempts to find the heirs must be made and documented.

How to identify the other heirs?

If the applicant knows the other heirs by name and surname, but does not know their place of residence, they must try to determine their address. To do this, they should submit an inquiry to the municipal address office themselves - to take this step, the last known address of the sought person is required.

An alternative is to apply for access to registration information to the Department of Central State Registers of the Ministry of Interior and Administration.

Negative responses from the above institutions constitute the so-called the likelihood that the place of residence of the parties is not known to the applicant. At this point, the court will attempt to establish addresses in the PESEL database, and if this action is ineffective, it will appoint an ex officio guardian for the parties.

In a situation where it is not known at all who the heir is (their surname is unknown, it is not known whether this person is alive), the right way is to search for heirs by advertisement. In accordance with art. 673 and 674. § 1. the applicant should prepare an advertisement containing:

? first name, last name, occupation, last place of residence and date of death of the testator,

? indication of the property left after the testator,

? a request for the heirs to report and prove the acquisition of the inheritance within 6 months from the date indicated in the advertisement, because otherwise they may be omitted in the decision on the confirmation of the acquisition of the inheritance

and publish it in a newspaper widely read throughout the country (e.g. in 2009, data from the Polish Readership Research of daily newspapers show that the title "Gazeta Wyborcza" is read by 16.13% of Poles, and the title "Rzeczpospolita" by 4.79% of respondents). The announcement involves a fairly large expense, so it is worth trying other methods of identifying potential heirs first: asking around among the deceased's distant relatives and friends, as well as seeking legal advice or hiring an inheritance genealogist. After 6 months from the publication of the announcement, the court schedules another hearing. If the sought-after heir has not made a request within that time, the court declares the acquisition of the inheritance by the persons indicated in the original application.

An important role in the search for heirs is played by contact with an inheritance genealogist, who, based on civil status records available in state or church archives, confirms or excludes the participation of persons in the inheritance proceedings.

In addition, the inheritance genealogist establishes contact with the established heirs or their descendants and tries to provide their principals with the obtained address data in a prepared search report and attached documents obtained during the work. This is important in order to determine the order of inheritance and the shares due to individual heirs.

How much does it cost to identify heirs?

The costs associated with establishing heirs in the court process are relatively low. The fixed fee for court proceedings to establish the acquisition of inheritance for one person is usually PLN 50. This is one of the basic court fees that must be paid in connection with filing an inheritance case.

The costs may vary slightly depending on the specific circumstances of the case. There may be additional fees associated with the process, such as legal fees, notary fees, the remuneration of the inheritance genealogist, or any fees for preparing documents or other costs related to the proceedings.

Therefore, before starting the process of establishing the acquisition of inheritance, it is always worth consulting a lawyer or attorney to get a full picture of the costs associated with the case and to find out if there are any exemptions or reliefs in court fees that can be used / "Poor Law" /. A lawyer will also help you estimate the total costs and prepare the documents necessary to file an application for establishing the acquisition of inheritance.

How to check if you are an heir?

To check if you are an heir or to obtain basic information on this subject, you can use the Probate Register. The procedure may vary depending on the jurisdiction, but generally speaking, you can proceed in a certain way. First, you must fill out the appropriate electronic form available online / e.g. via e-PUAP /.

This form is usually provided by local offices, government agencies or courts, depending on the jurisdiction. The form must include the necessary data identifying the testator. This may be the testator's PESEL number, if available, or basic data such as the testator's first name, last name, date of birth and other information identifying the deceased person.

After filling out the form, it must be submitted. This can usually be done online or in person, at the appropriate office or institution dealing with inheritance matters. Then it remains to wait for the response. The body responsible for the Probate Register will verify the data and check whether you are an heir or whether there is an inheritance after the deceased person. The answer may be provided in written or electronic form.

The estate is a key concept in inheritance law, defining all the rights and obligations that were in the possession of the testator at the time of his death. It constitutes the entirety of the assets that are included in the estate and are passed on to the heirs after the testator's death. This is an important concept that has great significance in the process of inheritance and the division of the estate of a deceased person.

The estate may include various elements of property, such as real estate, movable property, funds, shares, bonds, property rights (e.g. rights to shares in a company), debts and obligations of the testator and other property rights, including insurance in the event of death. It also includes non-property assets, such as personal rights, copyrights or image rights. The key role of the estate is to determine what exactly is inherited by the heirs and what possible obligations and debts of the testator are transferred to the heirs. The heirs inherit both the assets and liabilities of the estate.

The division of the estate takes place in accordance with the provisions of inheritance law. This can be in accordance with the will expressed in the will, if there is one, or in accordance with the provisions of statutory succession, when there is no will or when it does not cover all the assets. The estate is therefore the central point of the entire inheritance process and is the basis for dividing the estate between the heirs, which is of great practical importance for resolving matters related to the inheritance of a deceased person. The heirs are obliged to report the estate and divide it in a manner consistent with the provisions of the law.

And that's probably it.

The details of the civil procedure are known to lawyers and are not the subject of this article.

I hope that I have brought you closer to the issue of inheritance genealogy in Poland and intrigued you with this topic.

However, inheritance genealogy in Europe is quite different and this institution has been known and established in law since the 19th century. I hope that such regulations will also appear in Poland soon.

Thank you for taking the time to read this article.

author Przemys?aw Portu?