Probate Matters - Attorney Gdańsk

Upon death, an individual's estate is transferred by operation of law to their heirs. Probate proceedings are necessary when the deceased did not allocate the estate in a will. In such cases, the probate process is initiated by the heir or heirs.

The probate proceedings are conducted to:

• Confirm the rights and obligations of the heirs;
• Approve the preparation of an inventory of the deceased's estate;
• Compile a list of assets subject to inheritance;
• Determine how much each heir should receive from their share of the estate (as well as how much they should pay in taxes and other expenses related to the inheritance process).

It is worth noting that probate proceedings are not always necessary. They must be conducted only when the estate includes real estate, money in bank accounts, or, for example, a car owned by the decedent. Heirs cannot dispose of the estate until a hearing regarding its acquisition is conducted. In situations where the case is not straightforward, and there are numerous heirs, it is advisable to contact a probate attorney in Gdańsk. Our experts will guide you through the entire process of acquiring the estate and will support you during the probate proceedings.

Probate Attorney Gdańsk — Is Assistance Needed During Probate Proceedings

A probate case is a judicial proceeding concerning the estate, in which heirs seek the right to inherit the estate. It pertains to all types of property and property rights, including real and personal property, assets, bonds, deposits, as well as all personal items of the decedent intended for personal use. Inheritance itself is possible in two modes:

• Intestate (occurs when the heir did not draft a will during their lifetime);
• Testamentary (the acquisition of the estate occurs based on the testator's will recorded in the will).

Regardless of the mode in which the probate proceedings will be conducted, it is advisable to prepare adequately. A probate attorney in Gdańsk will undoubtedly be invaluable support throughout the entire inheritance process and will guide you precisely, step by step, through all the stages, of which there are several.

The first moment of the probate case is essentially the death of the decedent. At this time, the entire procedure of estate acquisition begins. Heirs have 6 months from the moment they learn of their entitlement to the estate to submit an appropriate declaration regarding the estate.

A Probate Attorney in Gdańsk Will Assist You with Submitting a Declaration

Regarding the estate, the heir has three options. They can submit an appropriate declaration of outright acceptance of the estate (entirely), acceptance of the estate with the benefit of inventory, or renunciation of the estate.

Outright Acceptance of the Estate

If the heir decides to accept the estate outright, from that moment they acquire all the rights included in the estate. However, this solution also has drawbacks, as by accepting the estate in this manner, the heir is liable with their entire property for any debts included in the estate.

Acceptance of the Estate with the Benefit of Inventory

Here, the heir also accepts the estate, but the "benefit of inventory" means that they obtain limited liability for the estate's debts. Limited liability means that the heir is liable with their property for inherited debts, but only up to the value of the estate. If the debts acquired from the estate exceed the value of the inherited items, the heir does not have to cover them from their private assets.

Renunciation of the Estate

The heir also has the option to renounce the estate. In the case of such a declaration, they are entirely excluded from inheritance. This means that they do not acquire rights to any items included in the estate, but they also do not bear any responsibility for the decedent's debts.

The decision on whether to accept or renounce the estate is often quite problematic. We do not always have adequate knowledge about potential debts, and no one wants to inherit them. In such a situation, it is worth utilizing the assistance of a probate attorney in Gdańsk.

Our law firm provides comprehensive services in the field of inheritance law. We assist our Clients in submitting the appropriate declaration and ensure timeliness. We are experts in this field, so by choosing our firm, you can expect the highest quality of service. We warmly invite you to contact us to schedule a consultation. During the meeting, we will be able to determine further steps and begin acting on your behalf.