Notarial Services for Inheritance Matters in Warsaw

Are you looking for a notary public in Warsaw who can assist you with inheritance matters? The Notary Office of Magdalena Pacuła-Ziemińska in Mokotów offers professional legal services in the field of inheritance. We provide expert advice, timely and reliable document preparation, and full support at every stage of inheritance proceedings.

In this article:

Inheritance matters can be complicated and often involve strong emotions. At the Notary Office of Magdalena Pacuła-Ziemińska in Warsaw’s Mokotów district, we understand this and make every effort to provide our clients not only with the highest level of service but also with comfort and a sense of security. We have many years of experience in handling inheritance cases, and our team of notaries will assist you with dedication through all the formalities related to inheritance.

Dział spadku u notariusza w Warszawie

Range of Notarial Services in Inheritance Matters:

The Notary Office of Magdalena Pacuła-Ziemińska offers comprehensive handling of inheritance matters, including:

  • Drafting notarial wills: We provide expert assistance in drafting a will that precisely defines your last will and protects the interests of your loved ones.
  • Notarial deeds of inheritance certification: We prepare inheritance certification deeds, which are a quick and efficient alternative to court proceedings for confirming inheritance acquisition.
  • Declarations of acceptance or rejection of inheritance: We assist in making a declaration of acceptance of the inheritance outright, with the benefit of inventory, or rejection of the inheritance within the statutory period.
  • Agreements on the partition of inheritance: We draft agreements on the partition of inheritance, enabling heirs to amicably divide the inherited assets.

Notarial Will

A will is a unilateral legal act in which the testator (the person making the will) disposes of their property in the event of death. Drawing up a notarial will is the safest form of expressing one’s last will. Although a will can be drawn up independently, the form of a notarial deed has numerous advantages and minimizes the risk of the deceased’s will being challenged in the future.

Why is it Worthwhile to Draw Up a Notarial Will?

  • Guarantee of validity: The notary ensures that the content of the will complies with the law, minimizing the risk of it being invalidated.
  • Legal security: A notarial deed is an official document that is difficult to challenge.
  • Professional advice: The notary will explain the legal intricacies and help formulate the provisions of the will in a clear and precise manner, reflecting the testator’s wishes.
  • Storage of the will: The original notarial will is kept at the notary office for 10 years, which ensures its security and eliminates the risk of loss or destruction.

Acceptance or Rejection of Inheritance

After the death of the testator, the heirs face an important decision: to accept or reject the inheritance. According to Article 1012 of the Civil Code, an heir has three options:

  1. Acceptance of the inheritance outright (without limitation of liability for debts): The heir is liable for the estate’s debts with all of their assets, without limitation.
  2. Acceptance of the inheritance with the benefit of inventory (with limitation of liability for debts): The heir’s liability for the testator’s debts is limited to the value of the estate’s assets as established in the inventory list or inventory report.
  3. Rejection of the inheritance: The heir is treated as if they did not survive the opening of the inheritance. In this situation, the need to make a declaration on acceptance or rejection passes to the next eligible heirs.

The deadline for submitting a declaration of acceptance or rejection of the inheritance is 6 months from the date on which the heir became aware of the basis for their inheritance. Failure to submit a declaration within this period will result in a simple acceptance of the inheritance. However, if the heir is a person without full legal capacity or a person for whom there are grounds for their complete incapacitation, or a legal person, the absence of an heir’s declaration within the time limit is equivalent to accepting the inheritance with the benefit of inventory.

Certificate of Inheritance

notarial certificate of inheritance is a document prepared by a notary that confirms the rights to the inheritance after the deceased. It is an alternative to a court order confirming the acquisition of the inheritance.

Advantages of a Certificate of Inheritance:

  • Speed: The notarial procedure is generally faster than court proceedings.
  • Convenience: All formalities are handled at the notary office.
  • Lower costs: Notarial costs are often lower than court costs, especially in uncontested cases.

When Can a Certificate of Inheritance be Prepared?

  • All heirs are known and agree on the inheritance.
  • The inheritance does not include real estate located abroad.
  • A notarial will has not been previously drawn up.

Partition of Inheritance

Partition of inheritance is an agreement between the heirs (contractual partition) or court proceedings (judicial partition), as a result of which the inherited assets are divided. This is the final stage of inheritance formalities.

Partition of Inheritance at a Notary Public’s Office – Why is it Worthwhile?

  • Speed: A contractual partition of inheritance at a notary is much faster than court proceedings.
  • Savings: Notarial costs are generally lower than court costs.
  • Convenience: An amicable settlement avoids the stress and tensions associated with a court hearing.

What Should a Notarial Deed of Inheritance Partition Contain?

  • Details of the heirs.
  • Identification of the estate and its value.
  • Method of dividing the estate.
  • Any payments or surcharges to equalize shares.
  • Terms and method of payment.

Learn more about the partition of inheritance.

Inheritance Matters – What are the Notary’s Fees?

The amount of the notarial fee is regulated by the Regulation of the Minister of Justice on the maximum rates of notarial fees. In the case of a will or a certificate of inheritance, the fee is a lump sum. For example, drawing up a notarial willcosts a maximum of PLN 50 net, the same as for drawing up a certificate of inheritance. In the case of a partition of inheritance, the notarial fee depends on the value of the inherited assets. VAT (23%) and fees for copies must be added to the notarial fee.