Real Property Subject to Succession

Inheritance of real estate is one of the most common situations in inheritance cases. The estate may include apartments, houses, building plots, agricultural land or commercial premises. The problem arises when there are multiple heirs – the property then enters into fractional co-ownership, and each heir has the right to a fractional share of the entire estate, not to a specific item.Options available to heirs who jointly inherit real estate

1. 1. 1. Continuing co-ownership Heirs can leave the property in co-ownership and use it jointly (e.g., rent it out and share the profits). In practice, however, this often leads to conflicts.
      2. Division of Inheritance and Termination of Co-ownership

              – Contractual – if all heirs agree, a notarial agreement can be made to determine who receives the property and who receives financial compensation.

– Judicial – when there is no agreement, an application is submitted to the court, which carries out the division of the estate.

1. 1. 3. Sale of the entire property and division of proceeds<
         Heirs can sell the entire property together and divide the funds according to their shares.
      4. Sale of an individual share in the property
         If there is no agreement to sell the entire property, each heir has the right to sell their share – to another heir or to a third party. The buyer becomes a co-owner in place of the selling heir.

Situation of heirs living abroad 

For those who do not live in Poland, joint inheritance of real estate is even more problematic – it's difficult to participate in ongoing management, pay taxes, make decisions, or negotiate with other heirs. Fortunately, the law offers solutions:

1. 1. • An heir living abroad can grant a power of attorney to a lawyer or another trusted person to act on their behalf:
   2. 1. – participate in division proceedings (notarial or court),
   3. 1. – negotiate with other heirs,
      2. – represent the heir in the sale of their share in the property,
   4.      – sign the notarial sale agreement.
      • The power of attorney is drawn up by a notary in the country of residence (with an apostille clause) or at the Consulate of the Republic of Poland.

Thanks to this, an heir living in the USA, Canada, or the UK can handle all matters remotely and receive the sale proceeds directly to their bank account.

My role as an attorney

In matters of real estate inheritance, I support clients living both in Poland and abroad. I help:

1. 1. 1. carry out the division of the estate and dissolution of co-ownership,
      2. arrange the sale of the entire property or individual shares,
      3. conduct negotiations between heirs,
      4. represent clients in court and before a notary,
      5. ensure that the financial settlement is safe and that funds reach the heir directly.

As a result, my clients avoid conflicts, quickly convert inherited property into real cash, and don't have to worry about formalities – even if they live thousands of kilometers from Poland.