Deed of certification of succession

Official confirmation of rights to an inheritance in the form of a deed of certification of succession allows the matter to be settled at the notary office without separate court proceedings, provided that the conditions laid down in the Act on the Notarial Profession are met. Once entered in the Succession Register, the document has the same effects as a final court decision declaring the acquisition of inheritance, so it can serve as the basis for further transactions concerning the estate.

When does a deed of certification of succession take legal effect?

The document is drawn up by the notary after a succession protocol has been recorded. Notarial certification of succession is possible when all persons who may be considered heirs agree on the basis of succession and on who is entitled to inherit. The notary cannot draw up a deed of certification of succession in the case of special wills – oral, travel or military wills. Where there is no such agreement, or where the nature of the case goes beyond the scope of a notarial act, a court declaration of the acquisition of inheritance remains the proper route.

Does a deed of certification of succession replace a court decision?

Once registered, the deed of certification of succession (in Polish: akt poświadczenia dziedziczenia, APD) is an official document and has the same effects as a final court ruling in the same matter. For you, this means a document that can be relied on in further transactions concerning the estate, also where the estate includes real estate, for example in an agreement on the division of an estate. The procedure is governed by Articles 95a–95p of the Act on the Notarial Profession, while the rules for drawing up the succession protocol and the deed itself are set out in more detail in Articles 95c and 95f.

The difference between a notarial deed of certification of succession and the court route lies primarily in how the document is obtained, not in its force once registered. At the notary office the procedure consists of successive stages: from identifying the participants to the entry in the register.

If you would like to confirm whether a deed of certification of succession can be drawn up in your particular case, the documents can be verified at our notary office in Kraków before an appointment is set.

What does the procedure at the notary look like?

The whole procedure follows a set order. First the notary establishes who is entitled to inherit and checks the documents, then draws up the succession protocol and, once the act is completed, immediately makes the entry in the Succession Register. In this way you receive a document of legal significance, drawn up in accordance with the prescribed formalities.

The steps follow one another in sequence. The notary first identifies the participants, then analyses the source documents, next records the succession protocol and only on that basis draws up the deed of certification of succession. This order lets you follow a course of proceedings that can be verified at every stage.

Which documents should be prepared before the visit?

Documents that make it possible to establish the rights to the inheritance unambiguously are attached to the succession protocol. Those most often needed are:

• an abridged copy of the deceased’s death certificate,
• copies of the civil status records of the persons entitled to inherit by statute,
• the PESEL number of the deceased,
• the marriage certificate of the deceased’s spouse, if the deceased was married,
• the draft succession protocol or earlier declarations, if any were prepared,
• the land and mortgage register numbers of real estate forming part of the estate,
• other documents that may affect the determination of rights to the inheritance.

Having a complete set of documents affects how smoothly the act proceeds and avoids interruptions needed to supply missing items. In practice, what matters is checking the details in the civil status records in advance and making sure the personal data of all participants are consistent.

What do the fee and the scope of the act consist of?

The notarial fee, i.e. the notary’s remuneration set in accordance with the regulations, depends in the case of a deed of certification of succession on the scope of the act. The total fee is affected by the drawing up of the succession protocol, the deed itself, the entry in the register and the number of official copies required. Information on the fees is provided before the act is performed, so that you can plan your next steps.

Notarial certification of succession comprises the following elements:

• a procedure conducted by the notary,
• confirmation of rights to the inheritance in the form of an official document once it is entered in the Succession Register,
• a basis for further transactions concerning the estate,
• reliance on provisions that define the scope of responsibility and the form of the documents.

To arrange a date for drawing up a deed of certification of succession, please give us the basic details by telephone or through the contact form.

Key information about the deed of certification of succession

• A deed of certification of succession makes it possible to confirm rights to an inheritance before a notary without separate court proceedings, provided that all heirs agree on who is entitled to inherit and on the basis of succession.
• Once entered in the Succession Register, the deed has the same effects as a final court decision, so it enables further transactions concerning the estate, also where the estate includes real estate.
• Before the act, documents must be prepared, including the death certificate, civil status records, the PESEL number of the deceased and details of any real estate, since the documentation is important for the course of the matter.
• Notarial certification of succession covers the procedure, the rules on fees and obtaining a document of legal significance.