Testament is not enough. In these situations, the state can take over your inheritance

Statutory inheritance is a basic mechanism for the division of the deceased’s property, which is valid in Poland, in a situation where the testator has not left a will. Importantly, it can be used even when the will exists, but for various reasons does not apply or is invalid. In such situations, property, including a house, savings or valuables, may become the property of the commune or the Treasury.

Statutory inheritance – when does the estate after the deceased take over the state?

In a situation where there are no entitled close heirs or everyone will reject the inheritance, the property of the deceased may go to public institutions. As the expert emphasizes, in such cases the law provides a special role for the municipality and the Treasury.

– They inherit last, hence they are often referred to as “necessary heirs” or “coercion” – explains in an interview with “Wprost” legal advisor Rita Świętek, a partner at the GWLEX office.

He explains that this applies not only to situations where there is a lack of a spouse, relatives or the testator’s relatives, but also when none of the heirs accepts the inheritance.

– The purpose of such regulation is clear – it is to secure the safety of rotation and eliminate non -pecuniary declines. Therefore, the testator cannot effectively exclude from inheritance of public entities by preparing the so -called negative testament and not appointing another entity in this place. Such a will would be invalid – says the lawyer.

He adds that, similarly, public entities may not reject the inheritance of the Act.

– Public entities also do not make a declaration of acceptance of the inheritance. In this case, the decline is considered to be accepted with the benefit of inventory – he notes.

Statutory inheritance – which commune is the heir to the property?

The expert explains that in such situations the last place of residence of the testator is decisive. It is the municipality where the deceased lived, inherits property if there are no other entitled heirs.

– If it couldn’t be determined, he inherits the State Treasury. In principle, municipalities are not interested in starting proceedings for the acquisition of inheritance. They acquire declines more often as a result of actions taken by creditors – notes Rita Świętek.