Siblings want to sell their mother’s apartment. One proposes a notary to save time. Another mentions a newly found will. Their sister is unsure whether a court already dealt with the estate. Booking the earliest appointment will not resolve these uncertainties.
The examples are illustrative. Sources checked on 16 September 2026. This article concerns Polish law and records.
Two documents can confirm inheritance
Inheritance may be confirmed by a court order. In cases permitted by law, a notary can draw up an inheritance certificate. Once registered, it has the effects of a final court order confirming acquisition of the estate.
These documents identify heirs and shares. They do not themselves divide the estate or allocate particular assets. A certificate therefore does not automatically make one child the apartment’s sole owner.
When a notarial route needs further clarification
The notary must examine statutory conditions, including circumstances affecting the heirs and shares. The interested persons’ joint request, wills and the absence of disqualifying doubts matter. Not every will or factual situation permits this route.
Disclose all known wills, earlier proceedings and potential heirs before the appointment. Withholding a difficult fact does not safely speed things up. If someone is abroad, check permissible participation and required documents with the office; do not assume a simple authorisation is sufficient.
Basis: [2] art. 95a–95e
When court proceedings are needed
A disputed will, an unidentified circle of heirs or obstacles to a notarial certificate may require court proceedings. The court investigates of its own motion who the heirs are, but participants should still provide what they know and hold.
The application should reflect actual knowledge. If an address or record is missing, state this and describe the searches undertaken. Jurisdiction follows statutory rules; it is not chosen solely by the inherited apartment’s location.
Basis: [3] art. 628 and 670
Six months — for which purpose?
As a rule, inheritance is not confirmed before six months have elapsed from the opening of the estate unless all known heirs have declared acceptance or rejection. This differs from the deadline for making one’s own inheritance declaration.
Do not transfer that period to tax reporting. Confirmation, acceptance or rejection and tax obligations have separate bases. List them separately and determine each relevant start date.
Basis: [1] art. 1015 and 1026
What to prepare
- Death certificate, family details and civil-status documents.
- Original wills and information about other testamentary dispositions.
- Earlier decisions, notarial deeds and case references.
- Doubts, disagreements and cross-border elements.
Remember
Establish the people and documents first. Choose the court or notary according to the situation, not merely appointment availability.
Sources and references
Official legislation, judgments and institutional materials. The relevant sources are identified below each section.
- Polish Civil Code — consolidated text, Journal of Laws 2026, item 795 — opens a new windowart. 1025 and 1037; art. 1015 and 1026
- Polish Notarial Law — consolidated text, 2026, item 614 — opens a new windowart. 95a and 95j; art. 95a–95e
- Polish Code of Civil Procedure — consolidated text, 2026, item 468 — opens a new windowart. 628 and 670