This article explains the key differences between inheritance certification through a notary versus court proceedings in Poland.
What is Inheritance Certification?
Inheritance Certification is a document that confirms the circle of heirs and their respective shares in the inheritance. It carries the same legal effects as a final court decision on the acquisition of inheritance.
Notarial Inheritance Certification
Notarial inheritance certification is a faster and less formalized solution than court proceedings, but it is only possible under certain conditions.
To prepare an inheritance certification act, it is necessary, among other things, to gather evidence of the death of the testator, identify all heirs, and confirm their consent to the certification.
The notary prepares an inheritance protocol, accepts statements from heirs, and then drafts the inheritance certification act, which is registered in the Inheritance Register.
Court Inheritance Confirmation
Court proceedings are necessary in situations where there are disagreements among heirs, there is no will, the will is invalid, heirs are unknown, or there are doubts about the validity of the will.
Court proceedings result in a decision on the confirmation of inheritance acquisition, which, after becoming final, has the same effects as an inheritance certification act.
When to Choose a Notary vs. When to Choose a Court
A notary is the appropriate choice when all heirs agree on the inheritance division, there is a valid will, the estate is straightforward, and all heirs are known and capable of participating.
A court is necessary when there are disagreements among heirs, there is no will, the will is invalid or contested, heirs are unknown or incapacitated, or there are doubts about the legal validity of the will.
Summary
Inheritance certification by a notary is a quick and convenient solution, but only available in uncontested cases. In case of disagreement among heirs or legal doubts, court proceedings remain the only path. Both procedures, however, lead to the same legal outcome – confirmation of inheritance acquisition.
Frequently Asked Questions
Does an inheritance certification act have the same legal force as a court decision? Yes, an inheritance certification act has the same legal validity as a final court decision.
Is notarial inheritance certification possible in contested cases? No, notarial inheritance certification is only possible in uncontested cases.
Can an inheritance certification be prepared if there is a will? Yes, provided there are no doubts about the validity and content of the will.
What do costs depend on? Costs depend on the specifics of the case.
Can an inheritance certification be challenged? Yes, in certain cases, it can be annulled in court proceedings.
