🏡 How to Inherit Property in Poland After a Foreigner’s Death

Losing a loved one is always difficult. And when the deceased was a foreigner who owned property in Poland — like an apartment — their relatives often wonder:
What happens next?
How do I claim the inheritance?

This article will walk you through the process in a simple and clear way.

🧭 1. Who can inherit?

If the deceased didn’t leave a will, their closest relatives inherit — spouse, children, parents, etc.
If there is a will — it applies, as long as it’s valid.

👉 In the case of a foreigner, the law of their home country might apply — but if the property is located in Poland, the process takes place in Poland.

📍 2. Where does the process happen?

If the deceased owned property in Poland — like a flat, car, or bank account — the inheritance procedure must take place before a Polish court or a Polish notary.

Even if the heirs live abroad — the process follows Polish rules.

📑 3. What documents are needed?

• Death certificate (if the death occurred in Poland, issued by the Polish civil registry),

• Documents proving family relationship (birth/marriage certificates, etc.),

• A will (if available — and translated into Polish),

• ID/passport details of the heirs.

⚖️ 4. What are the options?

There are two ways to confirm inheritance rights:

✅ Option 1: Notary (if all heirs agree and are present in Poland)

• All heirs go to a notary and sign the necessary paperwork,

• The notary issues an Act of Confirmation of Inheritance,

• Everything is done in one visit.

❗ This works only if all heirs agree and can be physically present or send a representative.

✅ Option 2: Court (if there is a conflict or someone is abroad)

• One heir files a motion with the local court in Poland,

• The court notifies all parties (representation by proxy is possible),

• After a hearing, the court decides who inherits what.

✅ You don’t have to come to Poland in person — just appoint a legal representative (lawyer or trusted person).

✉️ 5. What if I live abroad?

No problem. You’ll need to:

• Issue a power of attorney to someone in Poland,

• Translate all foreign documents into Polish (by a sworn translator),

• Get apostille/legalisation if needed,

• The entire process can be handled remotely — even the court part.

💰 6. What happens after court or notary?

Once you have the inheritance document:

• Notify the Polish tax office (form SD-Z2),

• Register property ownership in the Land and Mortgage Register,

• Access the deceased’s bank accounts,

• Pay (or be exempt from) inheritance tax.

👪 Close family members (children, spouse, parents) are exempt from tax if they file in time!

🧾 7. Checklist – documents you may need:

• Death certificate,

• Proof of relationship,

• Passport/ID,

• Will (if any),

• Sworn translations & apostille (if needed),

• Power of attorney (if someone represents you in Poland).