Court Declaration of Succession - Lawyer in Poland
Entitlement; effects.
On the application of a person having an interest therein, the court declares that an heir has acquired succession. On the terms and conditions set out in separate regulations, a notary draws up a deed of succession certification. It is presumed that a person who obtains a declaration of succession or a notarial succession certification is an heir. A presumption arising from a registered notarial deed of succession certification cannot be relied on against a presumption arising from a court declaration of succession.
Initial declaration date.
A court declaration of succession and a notarial succession certification cannot take place before six months have passed from the succession being opened unless all known heirs have already made declarations on accepting or rejecting succession.
Force of evidence.
An heir may prove his succession rights with regard to a person who does not claim rights to the estate by virtue of succession only by a court declaration of succession or a registered deed of notarial succession certification.
Protection of third parties.
If anyone who has obtained a court declaration of succession or a notarial succession certification but is not an heir disposes of a right belonging to the estate to a third party, the person to whom the disposition is made acquires the right or is released from the obligation unless he has acted in bad faith.
Protection of succession.
An heir may demand that a person who controls the estate as an heir but who is not an heir hand the estate over to him. The same applies to particular items of the estate.The provisions on claims between an owner and an owner-like possessor of a thing apply accordingly to an heir's claims for payment for use of items belonging to the estate, for return of profits or payment of their value, or for remedy of damage caused by use, deterioration in or loss of those items and to claims against an heir for the return of outlays.The above provisions apply accordingly where a claim for his property to be handed over is made by a person in respect of whom a decision declaring him dead has been annulled