How to Find Out If a Deceased Person Left a Will and Check the Polish Notarial Register

Navigating inheritance matters after a death requires knowing how to search for a will using the Notarial Register of Wills in Poland and through notarized archives.

How to check if the deceased left a will?

If the family cannot find a will in the deceased’s home, but there is a suspicion or someone knows that such a document was drawn up, it is worth going to a notary’s office with a death certificate. If you know that such a will could have been drawn up by a specific notary, you can simply ask in that office whether the deceased drew up a will. If the answer is negative, the notary can check the entire register, covering wills registered by notaries throughout Poland. To obtain such information, you must submit a written application and present the testator’s death certificate. After searching NORT, the notary draws up a protocol, and the maximum notary fee for this activity is PLN 200 net.

What is the Notarial Register of Wills?

NORT has been operating in Poland since October 5, 2011. The register is part of the European network for the exchange of information on wills operating within the Association of European Networks of Registers of Wills (ARERT). The system is designed to help find wills after the testator’s death and reduce the risk that the document will never be found, or only after a long time.

Access to the Notarial Register of Wills is granted exclusively to notaries. Only they can register wills, check information about their existence, and draw up protocols related to the search for a will.

Is every will drawn up by a notary in the register?

Not every will is entered into NORT. Many people mistakenly assume that every notarial will automatically goes to the register. Meanwhile, the entry is voluntary and requires the testator’s consent. The testator may:

Therefore, a situation is possible where a will was drawn up by a notary, but was never entered into the system. This does not mean that the will does not exist.

The will is not in NORT? How to search further?

However, if the family suspects or knows that the deceased drew up a will with a notary, but it is not in NORT, further searches may be more difficult. In this situation, it is worth trying to determine in which office the will could have been drawn up or stored. Old documents, business cards from the office, correspondence, copies of notarial deeds found in the deceased’s home, and sometimes also information from family members or acquaintances are helpful.

You can then contact notary offices directly and ask if they drew up a will for the deceased. After presenting the death certificate, the notary can check his archive.

It is worth remembering that the notary is obliged to keep the originals of notarial deeds for 10 years. After this time, the documents usually go to the archive of the competent District Court, so even after many years, finding a notarial will may still be possible.

Is the register of wills public?

Information on whether the deceased left a will can only be obtained through a notary. Any person who presents a document confirming the death of the testator may apply for a check. However, a will cannot be checked during the testator’s life. Information remains confidential until the testator’s death. The exception is the testator himself, who can obtain information regarding his own wills and change their content.

What to do when the will is not found at the notary’s office?

The biggest problem is when the will was not found at the notary’s office, and the family is convinced that the will exists. The testator could have drawn up a handwritten will, which he hid at home or in another place. In such cases, finding the document is very difficult, and sometimes even impossible.

If the will cannot be found, inheritance takes place in accordance with the provisions of the Civil Code, i.e. according to the statutory order of inheritance.

Unfortunately, it also happens that such a will is found only after many years, sometimes after the completion of inheritance cases and division of property. In this situation, the matter can get very complicated. The found will may change the previous inheritance rules if it turns out to be valid and was drawn up in accordance with the regulations.

This may mean the need to re-conduct inheritance proceedings, change previous arrangements or even settlements between heirs. Therefore, notaries and lawyers emphasize that it is worth informing relatives about the existence of a will, or deciding to register it in NORT, which reduces the risk of the document being lost after the testator’s death.

How to find a will abroad?

The Polish NORT also cooperates with some foreign registers of wills. This applies, among others, to Austria, Belgium, France, Germany, the Netherlands, Hungary, and Slovakia. If there is a suspicion that the deceased drew up a will abroad, you can also contact a notary and submit an application to check information within the European network of registers of wills.

Who can see the content of the will after the testator’s death?

Authorized persons indicated in the will have access to the content of the will after the testator’s death. The notary cannot disclose the content of the document to third parties, e.g. creditors or business partners.