Receiving an inheritance in Poland

In Poland, an inheritance is when assets, property or money are transferred from a deceased person to a beneficiary. Beneficiaries are often family members, but can also be friends or even a charitable organization.

In recent years, a significant transfer of wealth is expected to occur, leading to a rising trend of inheritance for people of Polish origin living in the USA and Canada.

Overall, inheritance in Poland has legal, financial and tax implications that need to be understood and properly managed by the beneficiary to ensure a smooth transfer and to make the most of inherited assets. An inheritance could certainly change a life for the better, but it also comes with responsibilities and potential challenges that should not be overlooked.

Inheritances can consist of various assets, ranging from real estate to financial assets like cash, stocks, and bonds.

What’s the difference between an inheritance and a gift?

Inheritance and gifts are both related to the transfer of assets or property from one person to another, but they have distinct legal and tax implications. The main difference is that to receive an inheritance you must receive it from someone who is deceased and it must be given via a will.

The heirs should be aware that each of these assets can have their own financial and tax implications. Sometimes, a combination of gifts and inheritance is required to maximize the heirs position, especially in the context of cross-border succession.

The inheritance process in Poland

The inheritance process in Poland is not too complicated. The heirs need to receive a document which is called the inheritance certificate. It can be handled through the court which usually takes about a year or through the notary public which can be arranged within one day provided that the heirs have all the required documents.

The following documents needs to be presented to the notary public or to the court in order to obtain the inheritance certificate:

1. Death certificate of the deceased;
2. Certificate confirming the PESEL number of the deceased;
3. Original of the Will and all previous Wills (if any);
4. Marriage certificate of the spouse;
5. Birth certificate of each of the heirs;
6. Any other documents which can prove the family connections.

Whether or not there is a Will, it is necessary to submit a tax declaration to the Polish Tax Office within 6 months from obtaining the inheritance certificate. ? The declaration must mention the entire deceased’s estate, including immovable and movable properties, current accounts, deposits, pensions, credits and shares. ? The heirs are required to pay taxes as calculated by the tax authority. The request for calculation of the inheritance tax should be made within 1 month. The closest relatives who have Polish citizenship are exempt from paying the inheritance tax in Poland, provided they have submitted a tax declaration to the Polish Tax Office within 6 months from obtaining the inheritance certificate.

Who can inherit in Poland under the rules of intestacy? ? The persons entitled to inherit under the provisions of the intestate succession are: ?

• spouse (the divorced spouse or the cohabitant partner are not entitled to inherit) and
• children (if any child died before the testator, his share is inherited by the children of that deceased child in equal parts).

If there is no spouse and no children – the estate goes to parents and – in the absence of surviving parents – it goes to siblings.