New Polish legislation, effective March 17, 2026, allows heirs to register property inheritance directly with notaries, bypassing court visits and reducing processing times.
Direct Registration with Notaries
From March 17, 2026, heirs can submit applications for registration in the land and mortgage register directly to a notary. The amendment to the Notarial Law simplifies the inheritance procedure for real estate, shortens processing times, and transfers the collection of court fees to the notary.
The amendment to the regulations governing the functioning of notaries and the maintenance of land registers came into effect on Tuesday. The changes are practical in nature, reducing formalities and shortening the time required to regularize the legal status of real estate after inheritance.
Key Changes to the Process
The most significant change is the ability to submit an application for registration in the land and mortgage register directly to the notary. According to the National Council of Notaries, this solution simplifies the procedure for heirs, who previously had to submit the application themselves on a paper form to the land and mortgage court and pay the court fee. This previously meant additional documents, the risk of formal errors, and a longer process.
New Legal Framework
As of March 17, 2026, in accordance with the new Article 95ga of the Notarial Law, an heir or a testamentary beneficiary (a person who receives a specific item or right, e.g., an apartment, directly by will) may submit such an application immediately after the preparation of the inheritance certificate. In this situation, the notary:
Simplified and Secure Procedure
This makes the procedure simpler and safer, eliminating the risk of formal errors and shortening the time required to update the legal status of the property.
Required Presence
All potential heirs must participate in the preparation of the inheritance certificate. However, to submit the application to the land and mortgage register, only the presence of the person who has received confirmation of their heir status is sufficient.
Notary Fee Collection
The amendment to Article 7 § 2 of the Notarial Law expands the notary’s obligations. In addition to preparing and submitting the application for registration in the land and mortgage register, the notary also collects the court fee and transfers it directly to the competent court.
Two-Stage Procedure and Costs
The procedure involves two main stages: drawing up a special protocol with the participation of the party, containing their request for registration, and the notary submitting the application to the land and mortgage register through the teleinformation system. The total cost is approximately 500 PLN. Additionally, the notary collects a court fee of 150 PLN for registration in the land and mortgage register on the grounds of inheritance, which is transferred directly to the competent court.
Elimination of Court Notification
If the application for registration is submitted on the day the inheritance certificate is prepared, the notary does not have to additionally notify the court of the change of ownership of the property. This means that only the application goes to the court, simplifying the procedure and accelerating the update of data in the land registers.
Impact and Volume
Notaries prepare nearly 180,000 inheritance certificates annually, so the changes introduced may significantly relieve heirs and streamline the process of regularizing the legal status of real estate.