Pursuant to the Civil Code, the heir acquires an inheritance with the death of the testator. Declaration of succession is therefore only a formality confirming the fact of a person's inheritance. However, in some situations, obtaining a court declaration of succession / notarial certification of succession is required, i.a. in order to make an entry in the Land Register an heir as the new owner of the property. In order to settle formal issues, it is therefore necessary to file in court a petition for declaration of succession or to prepare a notarial certification of succession.
Petition for declaration of succession may be filed by any person with a legitimate interest, above all by the heirs. Petition shall be brought exclusively in a court for the last usual place of stay of the deceased (or, if such place cannot be established in Poland, in a court for the place where the deceased’s estate or part thereof is located).
The petition for declaration of succession should contain the following basic information:
1. name and surname, exact address of residence and PESEL number of the applicant,
2. name and surname and exact address of residence of all participants in the proceedings (i.e. potential heirs from the deceased),
3. name and surname of the deceased testator, date and place of the death and place of the last usual place of stay of the deceased.
The petition shall be accompanied by the following documents:
1. an abridged copy of the death certificate of the deceased (and of the marriage certificate, if the deceased spouse is alive),
2. an abridged copy of the birth certificates of the heirs and furthermore the marriage certificate of married women,
3. an extract from the original notary's testament or the original manual will (if the testator made a will),
4. copies of the petition in a quantity that allows for the delivery of one copy to each participant.