How to Find Out If a Deceased Person Left a Will Using the Notarial Register of Wills

When sorting out an estate, determining whether a deceased person left a will is crucial, and families can use the official Notarial Register of Wills to check for this document.

How to Check If the Deceased Left a Will

If the family cannot find a will in the home of the deceased, but there is a suspicion or knowledge that such a document was drawn up, it is worth going to a notary’s office with the death certificate. If you know that such a will could have been drawn up by a specific notary, you can simply ask at that office whether the deceased made 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, one must submit a written application and present the testator’s death certificate. After searching the NORT, the notary draws up a protocol, and the maximum notary fee for this activity is 200 PLN net.

Notarial Register of Wills – What Is It?

NORT has been operating in Poland since October 5, 2011. The register is part of the European network of information exchange on wills operating within the Association of European Network 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 restricted 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 into the register. Meanwhile, the entry is voluntary and requires the testator’s consent. The testator may choose not to register it.

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

If the family suspects or knows that the deceased made a will with a notary, but it is not in NORT, further searches may be more difficult. In such a situation, it is worth trying to determine in which office the will could have been drawn up or stored. Old documents, business cards from law offices, correspondence, copies of notarial deeds found in the home of the deceased, and sometimes also information from family members or acquaintances can be 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 their archive.

It is worth remembering that a 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 lifetime. Information remains non-public until the testator’s death. The exception is the testator themselves, who can obtain information regarding their own wills and change their content.

What to Do When the Will Is Not Found at the Notary?

The biggest problem arises when the will is not found at the notary, and the family is convinced that a will exists. The testator could have drawn up a holographic will, which they 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 succession.

Unfortunately, it also happens that such a will is found only after many years, sometimes after the completion of estate matters and the division of assets. In this situation, the matter can become heavily 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-run the inheritance proceedings, change previous arrangements, or even settlements between heirs. Therefore, notaries and lawyers emphasize that it is worth informing loved ones about the existence of a will, or deciding to register it in NORT, which reduces the risk of the document going missing 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 Contents of the Will After the Testator’s Death?

Access to the contents of the will after the testator’s death is granted to authorized persons indicated in the will. The notary cannot disclose the content of the document to third parties, such as creditors or company partners.