When no permit is needed
- Inheritance by law (intestate succession). No permit is required, whatever your citizenship.
- Inheritance under a will or a legacy with direct effect (zapis windykacyjny) by a statutory heir of the deceased. No permit is required either.
- Citizens of EU and EEA countries and Switzerland. No permit, with the exception of agricultural and forest land.
When a permit is needed
If a citizen of a country outside the EEA and Switzerland acquires real estate in Poland under a will or a legacy with direct effect and is not among the statutory heirs of the deceased, an MSWiA permit is required under the Act of 24 March 1920 on the Acquisition of Real Estate by Foreigners.
The 2-year deadline
The application for the permit must be filed within 2 years of the opening of the succession, which is the date of death. If no permit is obtained, the property passes to the statutory heirs (Article 7(3)). This deadline is easy to miss, especially when the estate proceedings in Poland start late.
How we help
- we check whether you need a permit, based on the will, the family situation and the property records;
- we prepare and file the application under a power of attorney, without your travel to Poland;
- we reply to the authority’s requests and send you a status update every 2 weeks.