Statutory succession in Poland
Statutory succession rules in Poland
Intestate succession of the entire estate takes place when the testator has not appointed an heir in their will or when none of the persons they have appointed wants to be or has capacity to be an heir.
On the other hand, save for certain exceptions, intestate succession of the portion of the estate takes place when the testator has not appointed an heir of said portion of the estate or if none of the persons called to succession to the entire estate wants to be or is capable of being an heir.
The order of succession under the laws of intestacy has been set forth in the Polish Civil Code. The question of who and in which order inherits the deceased person’s estate is regulated by statute. It is when the term “groups of heirs” is used. The order in which the heirs are called to succession depends on their relation with the deceased.
| I inheritance group | spouse and descendants |
| II inheritance group | spouse, parents (siblings) |
| III inheritance group | garndparents |
| IV inheritance group | stepchildren |
| V inheritance group | Gmina and State Tresury |
Intestate succession – spouse and children
The deceased’s children and spouse are, by virtue of statutory law, first in line to inherit. They inherit in equal parts. However, the portion inherited by the spouse cannot be less than one-fourth of the entire estate. It should be noted that the provisions on calling to succession under the law do not apply to the deceased person’s legally separated spouse. If the deceased person’s child dies before the succession is opened, this child’s share in the inheritance passes to their children in equal parts.
Intestate succession – spouse, parents, siblings
In the absence of the deceased person’s descendants (children, grandchildren, etc.), the deceased’s spouse and parents are called to succession by virtue of statutory law. The share in the inheritance of each parent who inherits concurrently with the deceased’s spouse amounts to one-fourth of the entire inheritance. Where paternity of the parent was not established, a share in the inheritance of the deceased’s mother who inherits concurrently with the deceased’s spouse amounts to one-half of the entire inheritance. In the absence of the deceased’s descendants and spouse, the entire estate devolves upon the deceased person’s parents in equal parts. If one of the parents of the deceased dies before the succession is opened, that share in the inheritance which would have gone to him/her passes to the siblings of the deceased in equal parts.
If any of the deceased’s siblings die before the succession is opened but has left descendants, that share in the inheritance which would have gone to him/her passes to those descendants.
If one of the parents dies before the opening of the succession and there are no siblings of the deceased, or their descendants, the share in the inherited estate of the parent inheriting concurrently with the spouse of the deceased amounts to one-half of the inheritance.
Intestate succession – spouse’s share
In the absence of the deceased’s descendants, parents, siblings or the siblings’ descendants, the entire inheritance falls on the deceased’s spouse. The share of the spouse who inherits concurrently with the deceased’s parents, siblings and descendants of the deceased’s siblings amounts to one-half of the inheritance. It should be noted that the provisions on calling to succession under the law do not apply to the deceased person’s legally separated spouse.
Intestate succession – deceased’s grandparents
In the absence of the deceased’s descendants, spouse, parents, siblings or the siblings’ descendants, the entire inheritance goes to the deceased’s grandparents. They inherit in equal parts. If any of the deceased’s grandparents die before the succession is opened, that share in the inheritance which would have gone to him/her passes to their descendants. If the grandparent who predeceased the opening of the succession has left no descendants, the share in the inheritance that would have gone to him/her passes to the surviving grandparents in equal parts.
Intestate succession – stepchild
In the absence of the deceased’s spouse and relatives called to succession under the laws of intestacy the inheritance goes in equal parts to those children of the deceased’s spouse both of whose parents predeceased the opening of the succession.
Intestate succession – gmina
In the absence of the spouse of the deceased, his/her relatives and children of the deceased’s spouse, called to succession by virtue of statutory law, the inheritance passes to gmina where the deceased’s last place of residence was, as the intestate heir.
If, however, the last place of residence of the deceased in the Republic of Poland cannot be established or was abroad, the entire inheritance passes to the State Treasury as the intestate heir.
Intestate succession and full adoption
As per the Polish Civil Code an adoptee inherits from their adoptive parent and the relatives of the latter as if they were a child of the adoptive parent. And the adoptive parent and their relatives inherit from the adoptee as if the adoptive parent were a parent of the adoptee. An adoptee does not inherit from their natural ascendants and their relatives, and those persons do not inherit from an adoptee. In the event where one of the spouses has adopted a child of his/her spouse the above rule does not apply to such spouse and to his/her relatives and where such adoption takes place after the death of the other parent of the adoptee it does not apply to the deceased’s relatives whose rights and duties resulting from their consanguinity have been maintained in the court ruling on adoption.
Intestate succession and partial adoption
If the effects of the adoption consist exclusively in establishing a relationship between the adoptive parent and the adoptee (partial adoption), the following provisions apply. Firstly, the adoptee inherits from the adoptive parent equally with the latter’s children, and the descendants of the adoptee inherit from the adoptive parent on the same principles as the more distant descendants of the deceased. Secondly, the adoptee and their descendants do not inherit from the relatives of the adoptive parent, and the relatives of the adoptive parent do not inherit from the adoptee and the descendants of the latter. Thirdly, the biological parents of the adoptee do not inherit from the latter, and instead of them the adoptive parent inherits from the adoptee; the adoption does not otherwise overrule a title to succession based on consanguinity.
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