How to handle an inheritance case in Poland while living in Sweden?

The first step after learning about an inheritance should be to determine which law applies to the succession. This is particularly important if the deceased lived abroad or left assets in several countries. The Kowalicki law firm can assist in determining the applicable law and the appropriate next steps. If Polish law applies, the next step is to determine the assets and liabilities forming part of the estate, assess their status and carefully review any real estate included in the inheritance. This guide will take you step by step through the inheritance process under Polish law, helping you organise the necessary formalities, estimate the costs and reduce the risk of unexpected issues. It will help you plan the inheritance process step by step, providing greater cost predictability and clarity as to the procedures involved.

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TL;DR – Key information on handling an inheritance case in Poland while living in Sweden

• Key point: You can handle an inheritance case in Poland while living in Sweden by granting an appropriately drafted power of attorney.
• In practice: The risk of inheriting debts can be limited by taking the appropriate legal steps within the mandatory six-month period from the date on which you learn that you are entitled to inherit. 
• Who is this for: Swedish citizens, Polish citizens living in Sweden and Polish-Swedish families who inherit assets or real estate in Poland.
• Outcome: A clear legal status of the property as reflected in the Land and Mortgage Register, together with support throughout the process.
• Updated: 10 October 2026. Protect your interests.

First steps after learning about an inheritance in Poland – where should you start in the first week?

Learning about an inheritance in Poland requires a calm but prompt and organised approach. During the first week, you should gather the basic documents relating to the deceased and determine whether they left a will. The next step is to make a preliminary assessment of the assets forming part of the estate, as well as any debts and liabilities. At this stage, it is also important to check the time limits for accepting or rejecting the inheritance in order to avoid adverse legal consequences.

Inheritance roadmap: from acceptance to division of the inheritance

Cross-border succession is governed by strict procedural rules. Once you learn about an inheritance, there are specific steps you need to take. Polish civil law imposes certain requirements that must be complied with within specific time limits. Below is a step-by-step guide to what you should do first once it has been established that Polish law applies to the succession.

Step 1: Establish the exact date on which you learned that you were entitled to inherit and compare it with the date of death – the former date marks the beginning of the six-month period for making a declaration of acceptance or rejection of inheritance. It is also worth establishing the circumstances in which you received this information and retaining any documents or correspondence that may confirm the relevant date.

Step 2: Check whether a will exists – determine whether the deceased left a notarial or handwritten will in Poland or Sweden.

Step 3: Gather civil status documents – collect the relevant civil status documents. Depending on the circumstances, these may include Polish civil status records or the corresponding documents issued in Sweden. As your legal representative, I can assist you in obtaining the necessary documents from Polish civil registry offices.

Step 4: Secure documentation relating to the estate – locate the Land and Mortgage Register numbers for any real estate, bank agreements and vehicle documents.

Once you have completed these steps, you will have an initial, organised overview of the legal situation, allowing you to proceed to the next stage of the process with a clearer understanding of your position.

Worth reading:

• ENRWA – registering and searching for wills in Poland.
• Swedish Tax Agency – documents and practical steps after a death in Sweden.
• Your Europe – applicable law and planning a cross-border inheritance.

Documents required from Sweden and how to prepare them for use before Polish authorities

If you are permanently resident in Sweden, a Polish court or notary may require documents confirming your civil status and family relationships. In Sweden, this information may be confirmed, among other things, by the relevant personbevis issued by Skatteverket. As a Swedish citizen, depending on the type of document, you may also be able to obtain a multilingual standard form as an attachment to the document. In many cases, this may eliminate the need for a sworn translation into Polish.

Further information is available here:

• Swedish Tax Agency – population registration certificates and family details.
• European Commission – public documents, translations and multilingual forms.
• Government of Sweden – apostilles, powers of attorney and document legalisation.

Real estate in Poland – what should you check before purchasing or inheriting a share in a property?

Real estate is often the most valuable, but also one of the most legally complex, assets forming part of an inheritance.. Before deciding to take ownership of a house, apartment or recreational plot in Poland, it is essential to carefully review its legal status. An important formal point should be highlighted here: a Swedish citizen, as well as any citizen of a country belonging to the European Economic Area (EEA), does not need a permit from the Polish Ministry of the Interior and Administration to acquire real estate or a share in real estate in Poland. Such permits apply only to foreign nationals from outside the EEA, which significantly simplifies the procedure and distinguishes Swedish investors from buyers from third countries.

Legal due diligence and Land and Mortgage Registers – what exactly should you check before purchasing or inheriting property?

Professional legal due diligence of a property protects an heir against taking over property affected by undisclosed legal defects or mortgage encumbrances. The most important document is the Land and Mortgage Register, available through the online system operated by the Polish Ministry of Justice. As part of the review, particular attention should be paid to Section II (ownership), Section III (encumbrances and restrictions, such as lifelong personal servitudes of residence) and Section IV (mortgages and bank debt). Before purchasing a property or formally completing the division of the inheritance, you should also check the current Spatial Development Plan.

It is worth remembering that purchasing or taking ownership of a property requires a careful assessment of the financial and legal risks involved.

Worth reading:

• European e-Justice – Polish land registers and access to ownership records.
• DLA Piper – registration of title, mortgages and third-party rights.
• DLA Piper – legal due diligence before buying property in Poland.

Liability for inheritance debts and financial risks

Under the Polish Civil Code, failure to make a declaration within the six-month period results in acceptance of the inheritance with the benefit of inventory. This means that the heir is liable for debts only up to the value of the assets forming part of the estate, as established in the inventory list or inventory report. Despite this legal protection, failure to take active steps from Sweden may result in enforcement measures against the inherited assets in Poland. 

Further information is available here:

• European e-Justice – Polish succession law, debts and estate division.
• European e-Justice – how EU cross-border succession rules work.

Resolving family disputes and division of the inheritance – court, notary or mediation?

Where the inheritance includes real estate and there are several heirs, disputes may arise over how the inheritance should be divided or the amount of any balancing payments due to the other heirs. If all parties concerned reach an agreement, the division of the inheritance can be carried out efficiently before a notary. In the event of a dispute, it is worth considering mediation first, while court proceedings remain an option where a settlement cannot be reached.

Mediation and negotiation as a faster route to agreement

Court proceedings concerning the division of an inheritance  in Poland can take years and involve significant emotional and financial costs. Alternative dispute resolution methods, such as mediation and negotiation, can help the parties reach a settlement tailored to the practical circumstances of those living in two different countries. With professional legal advice, the parties may be able to avoid a court enforcement auction of the property and agree on a satisfactory sale price on the open market. Once an amicable agreement has been reached, formally concluding the settlement before a Polish notary or mediator takes relatively little time, allowing the heirs to receive the amounts due in respect of their shares without unnecessary delay.

Worth reading:

• European e-Justice – mediation in Poland.
• European e-Justice – finding a mediator in Poland.
• EUR-Lex – mediation in cross-border civil and commercial matters.

The role of a Polish legal representative and the costs of cross-border proceedings

Article 151(2) et seq. of the Polish Code of Civil Procedure provides for remote hearings, as well as the remote examination of witnesses and parties and the possibility of receiving a declaration of heirship from a person participating from their home in Malmö. A lawyer acting locally in Poland receives court submissions, reviews documents and represents the interests of the client based in Sweden. When investing in the Polish market or inheriting assets in Poland, maintaining regular contact with your legal representative provides reassurance and allows you to remain up to date on the current status of the case.

Knowledge base and useful resources:

Further information is available here:

• European e-Justice – taking evidence by videoconference in cross-border proceedings.
• European e-Justice – lawyers and notaries in Poland: roles and responsibilities.
• European e-Justice – finding a lawyer for cross-border legal assistance.

European Certificate of Succession and the Polish deed of succession certification

In cross-border inheritance matters, Regulation (EU) No 650/2012 of the European Parliament and of the Council plays an important role. It introduced the European Certificate of Succession, which makes it easier for heirs to prove their rights in EU Member States participating in the system, with the exception of Denmark and Ireland. In Poland, the national document confirming inheritance rights is the certificate of inheritance drawn up by a notary.

When should you go to a notary and when should you take the case to court?

A certificate of inheritance drawn up by a Polish notary can be an efficient way to formally confirm inheritance rights. Importantly, the fact that some of the heirs live abroad does not always mean that they all need to travel to Poland at the same time. Under Article 95ca of the Polish Notarial Law, at the request of an interested person, a notary may prepare a draft succession protocol. The other heirs, for example those staying in Stockholm or Örebro, may then confirm the information contained in the draft and consent to the succession protocol being drawn up in accordance with it before another notary. Once all interested persons have made the required declarations, the final succession protocol may be drawn up with the participation of at least one of them.

A legal representative can assist in coordinating the entire procedure by gathering the necessary documents, contacting the notary and consular authorities, ensuring that the declarations are made in the appropriate form, and coordinating the sequence of the individual steps. However, if there is a dispute between the heirs, it is not possible to obtain the required declarations, or the notary is unable to draw up a certificate of inheritance, it may be necessary to file a petition for ascertainment of acquisition of the estate with the competent court. In cases involving assets located in both Poland and Sweden, it is also worth considering obtaining a European Certificate of Succession. This document is used to prove an heir’s status and rights in another member state and can therefore facilitate cross-border inheritance matters.

Worth reading:

• European e-Justice – European Certificate of Succession and application forms.
• Your Europe – managing an inheritance involving more than one EU country.
• European Judicial Atlas – finding authorities competent in succession matters.

FAQ – Frequently asked questions about handling an inheritance case in Poland while living in Sweden

What else should you know before purchasing or taking ownership of inherited assets?

When planning to take over inherited assets in Poland, you should bear in mind the applicable tax obligations and the requirement to report the acquisition of the inheritance to the competent tax office. Immediate family members belonging to the so-called “zero tax group” may benefit from a full exemption from inheritance and gift tax if they submit the SD-Z2 form within six months from the date on which the court decision becomes final, the certificate of inheritance is registered, or the European Certificate of Succession is issued.

When a property is sold, the tax on civil law transactions (PCC) is generally payable by the buyer. In the case of a division of inheritance, PCC may apply to payments made between the heirs to balance the value of their respective shares. If an heir subsequently plans to sell the inherited property, personal income tax (PIT) must also be taken into account. The five-year period after which the sale of the property is generally not subject to PIT is calculated from the end of the year in which the deceased acquired or constructed the property. It is also worth reviewing the Swedish tax rules governing income from abroad in order to avoid double taxation.

Knowledge base and useful resources:

• PwC – Polish inheritance, gift and transfer taxes.
• Swedish Tax Agency – declaring foreign income and foreign property income.
• DLA Piper – taxes and transaction costs when purchasing property in Poland.

Summary – How to handle an inheritance case in Poland while living in Sweden

The answer to the question How to handle an inheritance case in Poland while living in Sweden? comes down to organising the necessary documents efficiently, meeting the applicable deadlines and carefully verifying what needs to be checked before purchasing or acquiring rights to inherited assets. Despite the geographical distance and the differences between the Polish and Swedish legal systems, the entire process can be handled efficiently and with as little stress as possible. It is worth organising inheritance-related matters in advance and carefully reviewing any associated liabilities. Contact  Bartek Kowalicki  law firm for professional legal support with inheritance matters, real estate transactions and cross-border mediation.