Spadkobiercy

Spadkobiercy (Polish for “heirs”) are persons entitled by law or testament to inherit the estate of a deceased individual. Their rights and obligations are regulated primarily by the Polish Civil Code and the Act on Inheritance and Gifts. The legal framework distinguishes between compulsory heirs – typically the spouse, descendants, and ascendants – whose share of the inheritance cannot be freely reduced, and testamentary heirs, who receive portions determined by the testator’s will, provided the compulsory portion is respected.

In the absence of a valid testament, the estate is divided according to statutory succession rules. The order of succession places the spouse and children (or their descendants) first, followed by parents (or their descendants), then siblings (or their descendants), and finally more distant relatives such as grandparents, aunts, and uncles. If no eligible heirs are found, the estate escheats to the State. Heirs acquire ownership of the inherited assets upon the opening of the succession, which may be formalized through a declaration of inheritance filed at a notary or a court, depending on the value and type of assets.

Heirs bear both the benefits and the burdens of the inherited estate. They may accept the inheritance, accept it under the condition of division (accepting a proportional share while limiting liability for debts), or formally renounce it within a specified period, usually six months from the opening of succession. Acceptance can be expressed expressly, tacitly, or by taking actions consistent with ownership. The Polish legal system also provides mechanisms for creditors to claim against the inheritance, allowing heirs to limit their personal liability to the value of the assets inherited.