Inheritance

How much time do I have to accept or reject an inheritance?

You have 6 months to submit a declaration of acceptance or rejection of the inheritance from the day on which you learned of the basis for your entitlement to the estate. This is one of the most important deadlines in inheritance law, and exceeding it entails serious consequences.

If you do not make a declaration within that time, you are deemed to have accepted the inheritance with the benefit of inventory, that is, with liability for the estate's debts limited to the value of the inherited property. The declaration may be made before a court or a notary - we will help you choose the right course and keep the deadline.

A court declaration of acquisition of inheritance or a notarial certificate of succession?

The right to an inheritance can be confirmed in two ways: by a court declaration of acquisition of the inheritance or by a notarial certificate of inheritance. Both documents officially confirm who inherits and in what share.

A court declaration of acquisition of inheritance is essential where there is a dispute among the heirs or the matter is complex. A notarial certificate of succession is faster, but requires the concurrent presence of all heirs. We will advise which solution will be more advantageous in your situation.

What does the division of an estate involve?

Division of the estate is the distribution of the inherited property among the heirs, who until then have been its co-owners. Until the division is carried out, the heirs are jointly liable for the estate and jointly manage it.

The division may be carried out amicably - by agreement (and, in the case of real estate, in the form of a notarial deed) - or in court proceedings where there is no consensus. Within the division it is determined to whom the individual assets will fall, along with any additional payments and settlements between the heirs.

Who is entitled to a legitim and in what amount?

A legitim portion is due to the closest family members of the deceased who were omitted from the will - descendants, the spouse and parents, provided they would inherit under statute. It is a monetary claim against the heirs appointed in the will.

As a rule, the reserved portion (zachowek) amounts to half the value of the share that would fall to the entitled person under statutory inheritance, and in the case of minors or persons permanently unable to work - two-thirds of that share. We will help you calculate the reserved portion due and pursue it from the heirs. Book a consultation regarding inheritance.