a notarial deed of inheritance certification or a court confirmation of inheritance acquisition will not always be sufficient to take over the ownership of given assets – in a situation where there are several heirs, in accordance with Art. 1035 CC the provisions on co-ownership in fractional parts apply accordingly, which significantly hinders the use and disposal of property. In such circumstances, it will be necessary to conduct a division of the estate. The subject of these proceedings is the division of inheritance property among all heirs, together with possible repayments and additional payments.
The division of inheritance can take place in a judicial and contractual manner, of which the latter is naturally faster and saves many formalities. It requires an agreement between all heirs as to the division of the inheritance; in some cases (e.g. real estate) it is necessary to maintain the form of a notarial deed.
After the division of the inheritance, if there was real estate in the estate, it is also necessary to submit an application for entry in the land and mortgage register. Neither the court nor the notary public will do it for us, and they are only obliged to notify the court competent to keep the land and mortgage register, which will only result in the entry of a warning about the inconsistency of the actual legal status with that disclosed in the land and mortgage register. You should take care of the proper entry yourself by submitting an appropriate application together with a final decision on the division of the inheritance.
The application is submitted to the competent district court on a special KW-WPIS form together with a fee of PLN 150, in accordance with Art. 42 sec. 3 of the Act on Court Costs in Civil Matters („Application for entry in the land and mortgage register of ownership, perpetual usufruct or cooperative ownership right to premises on the basis of inheritance, legacy or division of inheritance or dissolution of co-ownership is charged with one fixed fee of PLN 150, regardless of the number shares in these rights”).