When there is no consent, who inherits (in a notary) or news of part of possible heirs, the court must find whether everyone knows about the case. The search begins.
However, the question arises: does the specified summoning of heirs by means of a judicial announcement begin to run the time limit for making a declaration of acceptance or rejection of inheritance by heirs unknown from the place of residence? They were given to the ultimate Court of Krakow territory Court.
In 1 case, any relatives of the deceased rejected the inheritance. But the whereabouts of the 2 sisters of the deceased could not be established (and it was certain that she had them). Nor did the court-appointed probation officer, who declared that it was not known whether they had found out about the successionr's death and whether there was inactive a six-month deadline for them to make a declaration of acceptance or rejection.
The territory Court for Krakow-Śródmieście suspended proceedings. He pointed out that the heirs had to be determined and taken from them statements whether they accepted the inheritance straight (i.e. with debts), or with the alleged benefit of the inventory, or rejected, to which they had half a year since they found out about the death of the heir or that they were entering into account as heirs.
When considering the complaint against the decision of the court, the Krakow territory Court in the individual of the justice Catherine Oleksiak had doubts. He concluded it in a legal question to the ultimate Court: does the summoning of heirs by the announcement have effect in the form of the commencement of the period to make a declaration of acceptance and rejection of the inheritance for heirs unknown from the place of residence?
In the event of a negative response, erstwhile should the time limit for the curator to make a declaration of acceptance or rejection of the inheritance be calculated?
However, not adequate problems: could it be a probation officer or a separate 1 to represent the absent heir in the court proceedings established by the household court? The territory Court is in favour of the latter. In this case, there is the protection of absent heirs.
– The casus presents immense applicable problems arising from the wide formation of statutory heirs and the deficiency of appropriate accompanying solutions. In specified a system, inheritance proceedings lasting for years cannot be avoided. They besides do not let disputes about claims owed to the successionor. A distant comparative appointed to inherit has no way of verifying whether the inheritance is affirmative or negative. So he cannot make a rational decision – says Prof. Bogdar Kordasiewicz, legal advisor.
File number: III CZP 155/22
Magdalena Olchowicz-Jedlak attorney
Quite often, the heir is incapable to indicate whether anyone another than him belongs to the ellipse of heirs. If specified doubts arise, it is better in the interests of the heir to search them out on his own, including the setting of addresses. This will reduce the court proceedings considerably. If, despite these actions, the heir is incapable to find the full ellipse of heirs and gives expression in ensuring the succession before the court, the court will gotta call them by a notice. The full procedure will then be extended considerably, as the possible heir has 3 months from the date indicated in the announcement for filing for proceedings and showing the right to get the inheritance. Only after that date will the court be able to issue a decision to establish the acquisition of the inheritance. It should be added that if in the future there are people who consider themselves heirs, they may request a change in the law.
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