Inheritance
Akt poświadczenia dziedziczenia (APD) is a legal document issued by a notary, based on which it can be assumed that the person indicated in it is the heir. The regulations regarding the APD are subject to Chapter 3a of the Act of 14 February 1991 - Prawo o notariacie.
A registrated APD is equal to a valid court decision in the case of inheritance and it allows one to identify oneself before all legal entities (offices, banks, courts, individuals) as the legal successor of the testator.
APD is issued on a joint demand of all heirs and after an inheritance protocol has been drawn up.
When the APD can not be issued:
- when a valid court decision or another APD were already issued,
- when a testator made special wills (oral, travel or military),
- when a testator did not have a polish personal ID number (PESEL),
- when there is no agreement between heirs,
- when all the persons who are possible to be the heirs can not meet at the same time in the notary's office (unless a draft inheritance protocol has been prepared - for detailed information, please contact the office),
- when there is no polish jurisdiction,
- when there are doubts like arose as to the existence of polish jurisdiction, the content of the applicable foreign law, the identity of the heir and the amount of shares in the estate.
In order to prepare a certificate of inheritance, the following documents will need to be presented:
- a shortened copy of the testator's death certificate - available at the Civil Registry Office (odpis skrócony aktu zgonu spadkodawcy - do pobrania w Urzędzie Stanu Cywilnego),
- a certificate of the testator's PESEL number - (available at the city/commune office of the testator's last place of residence (do pobrania w Urzędzie Stanu Cywilnego),
- the original will/wills (if there are any),
- the registry numbers of the real estates (numery ksiąg wieczystych) of which the testator was the owner or perpetual user,
- shortened copies of the heirs' civil status records (odpisy skrócone aktów stanu cywilnego spadkobierców) - please contact the office for details.
szkurlatowicz@notar.pl
Plac Kupiecki 14
22-100 Chełm
Kancelaria Notarialna
Jakub Szkurłatowicz
Notariusz