The agreement on the division of the estate, with the agreement of the parties, allows the heirs to divide up the assets of the estate. It may concern either the entire estate or only part of it. It may take place either by agreement between all the heirs or by court decision at the request of any of the heirs. If the estate includes real estate, the agreement on the division of the estate should be concluded in the form of a notarial deed, whereas if the estate includes an enterprise, the agreement on the division of the estate should be concluded in writing with notarised signatures. However, if the business includes real estate or the business is placed under succession administration, the agreement on the division of the estate should be concluded in the form of a notarial deed.
Before concluding an agreement on the division of the estate, a notarised certificate of inheritance or a court order confirming the acquisition of the estate should be obtained. In a situation where there is only one heir, the case can already be closed at this stage.
A notarised succession agreement is quicker than settling such a matter in court.
(art. 1035 – 1046 of the Civil Code: https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU19640160093/U/D19640093Lj.pdf
art. 680 – 689 Code of Civil Procedure: https://isap.sejm.gov.pl/isap.nsf/download.xsp/WDU19640430296/U/D19640296Lj.pdf )
