Inheritance division agreement

After the confirmation of inheritance acquisition, the heirs become co-owners of the inherited estate. In practice, this means that each of them holds a share in the entire estate, not specific items or real properties. To terminate joint ownership and clearly determine who receives what, it is necessary to conduct an inheritance division. One of the most practical ways to achieve this is by concluding a partition agreement.

A partition agreement is an amicable arrangement between heirs that defines how the estate will be divided. It may include real estate, movables, cash, or other components of the estate.

Partition agreements are most commonly concluded in the form of a notarial deed, especially when real estate is involved. Thanks to such agreements, heirs can:

• assign specific items or rights to specific individuals,
• establish compensation or equalization payments for heirs who do not receive assets of equal value,
• decide to sell certain estate items and distribute the proceeds.

My role as an attorney – supporting clients in Poland and abroad

As an attorney, I assist clients throughout the entire amicable inheritance division process. Specifically, I:

1. prepare the draft partition agreement in accordance with the will of the parties and applicable law,
2. advise on available solutions (e.g. equalization payments, termination of joint ownership, sale of estate components),
3. negotiate with other heirs on behalf of the client,
4. represent the client before the notary and ensure their interests are properly secured,
5. assist with tax matters and land register entries.

This allows the client to avoid conflicts, and the entire process is usually faster and less expensive than court proceedings.

For individuals residing outside of Poland, a partition agreement is a particularly convenient solution, as it allows inheritance matters to be settled without the need to travel to the country. In such cases, I can:

1. prepare a power of attorney authorizing me to sign the partition agreement on the client’s behalf,
2. conduct negotiations with the remaining heirs,
3. participate in the notarial deed as the client’s proxy,
4. assist with the sale of the inherited share or the entire property and transfer the proceeds directly to the client’s bank account.

A partition agreement is therefore a fast and practical way to finalize inheritance matters – including converting the inherited share into real cash.