Rejection of inheritance/acceptance with benefit of inventory

An inheritance is not only about assets such as real estate, savings or personal belongings, but unfortunately also includes the debts of the deceased. A person entitled to inherit must therefore make an important decision – how to accept the inheritance, or whether to renounce it altogether. Polish law provides for three options:

1. Pure acceptance of the inheritance – means full liability for the deceased's debts, without any limitations, even beyond the value of the inherited assets.
2. Acceptance with the benefit of inventory – this is currently the default option. The heir is liable for the deceased's debts only up to the value of the estate left by the deceased. This means that creditors cannot claim more than that amount from the heir’s personal assets.
3. Renunciation of the inheritance – means a complete refusal to inherit. In such a case, the inheritance share passes to further relatives (e.g. the heir’s children, who must also submit a declaration if they wish to avoid succession).

The heir has 6 months from the day they became aware of their entitlement to the inheritance to submit a declaration of renunciation or acceptance with the benefit of inventory. This declaration must be made before a court or a notary.

My role as an attorney

Legal assistance is equally important for heirs living in Poland and abroad. Inheritance cases – especially those involving debts – can be complex and require quick and accurate action. As an attorney, I can:

a. advise on which form of inheritance acceptance is best in the given situation,
b. analyze the deceased's assets and debts to make an informed decision,
c. prepare and file the application with the court or assist with notarial procedures,
d. represent the client at hearings, negotiations, and in contact with other heirs,
e. handle further matters – e.g. inheritance division, sale of real estate share, tax settlements.

This ensures that the heir receives full legal support, peace of mind, and confidence that all steps will be handled lawfully and in their best interest.

  Per chi vive fuori dalla Polonia, assumersi la responsabilità dei debiti ereditari può essere particolarmente rischioso. Offro quindi un’assistenza completa anche in questi casi. Posso:

a. prepare and submit, on behalf of the client, the appropriate declaration of renunciation or acceptance with the benefit of inventory,
b. advise on which option is most advantageous in the specific situation,
c. represent the client before the court or a notary,
d. ensure that declarations are properly submitted also on behalf of the heir's minor children – after obtaining prior consent from the family court.

With a power of attorney, the entire process can be carried out without the client having to travel to Poland. The client gains legal security, avoids liability for someone else’s debts, and has their interests fully protected.