Inheritance in Poland for Ukrainians: Documents and Translation

Inheritance in Poland: What a Ukrainian Needs to Know

The issue of inheriting real estate, bank accounts, or other assets abroad is becoming increasingly relevant for Ukrainians working, studying, or living in Poland, as well as for those planning a move. The procedure for obtaining inheritance in Poland has its specifics that are important to consider to avoid misunderstandings and legal complexities. This article will help you understand the main steps and necessary documents.

Inheritance in Poland is regulated by the Civil Code (Kodeks cywilny). In general, the process is similar to the Ukrainian one, but there are specific aspects related to Polish legislation. It is important to understand that an inheritance can be accepted or rejected. If an heir does not express their will within six months from the day they learned about the basis of their inheritance (e.g., the death of the testator), it will be considered as acceptance of the inheritance with the benefit of inventory (acceptance with limited liability for the testator's debts up to the value of the inherited property). If they wish to renounce the inheritance, they must do so within six months.

Required Documents for Inheritance Processing

To initiate the inheritance processing in Poland, you will need to gather a package of documents. The main ones include:

• Death Certificate of the Deceased: Original or notarized copy. If the certificate was issued in Ukraine, it will need to be translated into Polish.
• Documents Confirming Family Ties: Birth certificate, marriage certificate (if the deceased was married), adoption documents, etc. These documents may also require translation.
• Will (if any): Original or notarized copy. If the will is not in Polish, a translation is necessary.
• Documents for the Deceased's Property: Proof of ownership of real estate (extract from the land register – wypis z rejestru gruntów, extract from the land and mortgage register – odpis z księgi wieczystej), vehicle registration documents, bank account statements, etc.
• Certificate of No Debts: Sometimes, a certificate of absence of the deceased's debts to state institutions or third parties may be required.

It is important to remember that all documents issued by Ukrainian authorities must be properly legalized for use in Poland. This may be an apostille or consular legalization, depending on the type of document and the agreement between Ukraine and Poland.

Document Translation for Inheritance in Poland

Document translation is an important step in the inheritance process. Documents prepared in Ukrainian must be translated into Polish for submission as part of the inheritance proceedings. If the documents are submitted to a Polish notary or court, the translation must be prepared by a sworn translator in Poland (tłumacz przysięgły).

A sworn translation is an official translation certified by a translator who is duly authorized in Poland. It bears the sworn translator’s signature and seal and can be used when submitting official documents in Poland. The cost of translation depends on the length of the document and the urgency of the request. Before ordering a translation, it is advisable to confirm with the Polish notary or court which documents need to be translated.

A separate notarization of a sworn translation is not required, as a Polish sworn translator certifies the translation themselves. Notarization may be required for other documents or notarial acts as part of the inheritance process.

Inheritance Procedure: Step by Step

The inheritance procedure in Poland can be carried out in two ways: through a notary or through a court.

1. Notarial Inheritance Processing

This is the fastest and simplest method if all heirs agree among themselves and have all the necessary documents. To do this, you need to contact a Polish notary with the package of documents. The notary will draw up a Deed of Confirmation of Inheritance (akt poświadczenia dziedziczenia), which has the force of an enforcement clause. This document confirms the heirs' rights to the property.

Important: The notary may refuse to draw up such a deed if doubts arise regarding the testator, the heirs, or the composition of the inheritance. In such cases, the matter is transferred to the court.

2. Court Inheritance Processing

If the heirs cannot reach an agreement, or if there are doubts about the right to inheritance, it is necessary to file an Application for Determination of Inheritance Acquisition (stwierdzenie nabycia spadku) with the Polish court. The court process may take longer, but it allows for the resolution of more complex cases.

After obtaining a court decision or a deed from the notary, the heirs must pay the inheritance tax (podatek od spadków i darowizn). The tax rate depends on the degree of kinship with the deceased and the value of the inherited property. There are exemptions for close relatives (Group I), who may be exempt from paying tax under certain conditions stipulated by the Act on Inheritance and Gift Tax (Ustawa o podatku od spadków i darowizn).

Apostille and Consular Legalization for Ukrainian Documents

The legalization of Ukrainian documents for use in Poland has certain specific features. Ukraine and Poland are both parties to the 1961 Hague Apostille Convention, which provides for the use of an apostille to authenticate official documents. At the same time, Ukraine and Poland are parties to the Treaty on Legal Assistance and Legal Relations in Civil and Criminal Matters of 24 May 1993. Under Article 15 of this treaty, official documents issued or certified by the competent authorities of one country are recognized in the other country without the need for legalization.

An apostille is a special certificate established by the Hague Convention that confirms the authenticity of the signature, the capacity in which the person signing the document acted, and the authenticity of the seal or stamp. Both Ukraine and Poland are parties to this Convention.

Therefore, an apostille is not generally mandatory for Ukrainian official documents submitted in Poland when the documents fall within the scope of the bilateral treaty. However, in practice, a particular Polish authority, notary, or court may have specific requirements regarding the form of documents. For this reason, it is advisable to confirm in advance whether an apostille is required in your particular case. The Polish Ministry of Foreign Affairs also recommends checking the requirements applicable to the specific document before using it in Poland.

Consular legalization is generally used where no simplified procedure for recognizing official documents applies between the countries or where a particular document does not fall under an applicable international mechanism. For Ukrainian documents submitted in Poland and covered by the bilateral treaty on legal assistance, consular legalization is not generally required.

Important: Before submitting documents for inheritance proceedings, it is advisable to confirm with the Polish notary or court whether a particular Ukrainian document will be accepted without an apostille or whether an apostille will be required. This can help avoid having to obtain additional certification at a later stage.

Conclusion

Processing inheritance in Poland for a Ukrainian requires careful attention to detail, correct document collection, and their proper legalization and translation. Understanding Polish legislation and procedures will help you successfully navigate this process. If you encounter difficulties, do not hesitate to seek professional legal assistance from specialists in international inheritance.