Poland’s inheritance laws dictate that childless siblings inherit after parents, with specific rules dividing assets among surviving spouses and relatives.
Inheritance Without a Will After Childless Siblings
Inheritance is the transfer of a deceased person’s assets to other individuals. Under Polish law, inheritance occurs either by statute or through a will, if one was created during the deceased’s lifetime. Statutory inheritance is most common, covering the entire or part of the estate.
Who Inherits? Kinship Rules and Inheritance by Unborn Children
Inheritance rights apply to living family members of the deceased and to a child conceived before but born after their death, provided the child is born alive.
The order of inheritance is determined by degree of kinship. The law distinguishes descendants (children and their descendants) and ascendants (primarily parents and grandparents). Adopted children have equal inheritance rights as biological children.
Order of Inheritance in Poland – Who Inherits First
First, the deceased’s children and spouse are called to inherit. They inherit in equal shares, with the spouse’s share being no less than one-fourth of the estate.
Childless Siblings and Spouse – How Is the Estate Divided?
If a couple had no children, both the surviving spouse and the deceased’s parents inherit. Practically, the spouse receives half the estate, with the remainder going to the parents. If a parent is unknown, the estate is divided equally between the surviving parent and spouse.
Divorce and Separation Inheritance Rights: When a Spouse Gets Nothing
A spouse may be excluded from inheritance if the deceased filed for divorce or separation due to the spouse’s fault, and the claim was justified. Exclusion requires a court ruling, and any co-inheriting heir can apply within six months of learning about the estate opening, but not later than one year.
When Do Siblings Inherit? The Role of Childless Siblings’ Parents
If the deceased had no children or spouse, their parents inherit. If a parent is deceased, their share goes to the siblings. If there are no siblings or their descendants, and the deceased was married, the entire estate goes to the spouse.
What Happens to a Childless Sibling’s Estate Without Close Relatives?
If the deceased left no children, spouse, parents, or siblings, the grandparents inherit equally. If a grandparent predeceased the deceased, their share goes to their children.
Inheritance for the Municipality and the State – They Inherit Last
If there are no statutory heirs and no will, the estate goes to the municipality of the deceased’s last residence. If this cannot be determined or the deceased lived abroad permanently, the estate goes to the State Treasury.