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Inheritance proceedings in Poland are a legal process that aims to regulate the issue of inheritance of property after a deceased person. This procedure is necessary to determine who is entitled to the inheritance and what parts of the estate they are entitled to. This process can be complicated, especially when different forms of assets, debts or disputes between heirs are involved. It is worth using the help of a lawyer specializing in inheritance law to make sure that all formalities will be completed in accordance with the regulations and the rights of the heirs will be properly secured. Using professional legal assistance is particularly important when the case concerns large assets, many heirs or complex legal issues. A lawyer will help not only in the inheritance proceedings themselves, but also in the division of property, which is the next step after confirming the inheritance.
Inheritance law in Poland is regulated in the Civil Code, which provides for various forms of inheritance: statutory, testamentary and debt collection provisions. Statutory inheritance takes place when the deceased did not leave a will. In such a case, the property is inherited according to the rules established by law, which determine the order of inheritance - from the closest relatives (children, spouse) to the more distant ones (parents, siblings, their descendants). Testamentary inheritance occurs when the deceased made a will specifying who he or she would pass on his or her property to. A debt collection provision allows for the transfer of specific property items to a specific person at the moment of the testator's death.
Inheritance law in Poland precisely defines who can inherit property and under what conditions. In the case of statutory inheritance, the circle of heirs is wide and includes the spouse, children, grandchildren, parents, siblings and their descendants. If the deceased left no descendants, the inheritance passes to the parents and then to the siblings. In the case of testamentary inheritance, the heirs are indicated in the will, which must meet certain formal requirements to be valid. A will can be drawn up in person, notarially, or in the form of an official deed, but each of these forms has its own specific requirements and rules that must be followed for the document to be valid.
Confirmation of inheritance is the first stage of inheritance proceedings, which aims to officially confirm who acquired the rights to the inheritance of the deceased. It can be performed both by a court and a notary. As part of this procedure, the court or notary determines the circle of heirs and their shares in the estate. After obtaining confirmation of the inheritance, it is possible to carry out the division of the inheritance, i.e. the division of property between the heirs. The division of the estate may be made contractually if all the heirs agree on the division, or in court if there are disputes.
The confirmation of inheritance is a formal confirmation that certain persons are the heirs of the deceased. This document is necessary for further management of the estate, including the division of the estate. Division of the inheritance is the next stage, which involves the division of the inheritance property between the heirs in accordance with their shares. The division of inheritance can be carried out amicably when the heirs divide the property accordingly, or in court when there are disputes. The judicial division of the estate is more complicated and time-consuming, but it ensures the final resolution of all disputes. In each of these cases, it is worth using the help of a lawyer who will help in preparing appropriate documents and conduct negotiations or representation in court.
A lawyer specializing in inheritance law can significantly facilitate the entire inheritance process. His main task is to provide legal advice, prepare appropriate documents, represent clients before a court or a notary, and mediate in the event of disputes between heirs. A lawyer can also help you collect the necessary evidence and negotiate the division of property. Thanks to his knowledge and experience, inheritance proceedings can proceed more efficiently and effectively, which allows you to avoid many potential legal and formal problems.
The services of a lawyer specializing in inheritance law are invaluable at every stage of inheritance proceedings. A lawyer can help in drawing up a will, advise on debt collection provisions or prepare appropriate applications to the court. If an inheritance is confirmed, the lawyer will help in submitting an application to the court or notary, prepare all necessary documents and represent the heirs in the proceedings. If the estate is divided, the lawyer can conduct negotiations between the heirs, prepare property division agreements or represent the client in court. His help is particularly valuable in the event of disputes, as professional support can speed up the process and minimize the risk of further conflicts.
Probate proceedings involve various costs, which may include court fees, notary fees and lawyer fees. Court fees for confirming inheritance are usually several hundred zlotys, while the costs related to the division of the inheritance may be much higher, especially in the case of court disputes. The notary charges a fee for preparing an inheritance certificate, the amount of which depends on the value of the inheritance property. Lawyer's services are also paid, and their cost may depend on the complexity of the case and the scope of legal assistance provided. However, it is worth remembering that these costs may be an investment in ensuring the proper course of inheritance proceedings and protecting the interests of heirs.
Court or notarial costs in inheritance cases in Poland vary and depend on many factors. The court fee for submitting an application for confirmation of inheritance is currently PLN 100, but additional fees may arise during the proceedings, especially if the case is complicated and requires additional procedural steps. The notary charges a fee for preparing an inheritance certificate, which depends on the value of the inheritance assets and may amount to several percent of the value of these assets. The costs of a lawyer's services vary and may include an hourly rate, a lump sum for conducting the entire case or a percentage of the value of the estate's assets. It is important to establish the details of costs before working with a lawyer to avoid unexpected expenses.
Claiming your inheritance rights is an important step in the inheritance process. Thanks to appropriate legal support, you can effectively protect your interests and avoid many formal difficulties. Using the services of a lawyer specializing in inheritance law allows for professional and reliable conduct of inheritance proceedings. A lawyer will help you prepare the necessary documents, represent you before a court or a notary, and mediate between your heirs. Thanks to this, you can be sure that the rights to the inheritance will be fully secured and the entire process will run smoothly and hassle-free.
It should be emphasized that in Polish law, in accordance with Art. 46 of the Family and Guardianship Code, matters not regulated in the matrimonial property regime - statutory property regime section, from the moment of termination of the statutory community of spouses, the provisions on the community of inheritance property and on the provisions on the community of inheritance property and inheritance section. Therefore, both inheritance and property division cases, including the abolition of community of property between spouses or the division of property between former spouses, are similar matters and require similar knowledge and experience on the part of a lawyer specializing in Polish inheritance law.
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