Pole died in an EU country – where does the succession go?

In the case of Polish citizens who have died on the territory of European Union Member States, intra-EU regulations will be of significant importance. The key legal act is Regulation No 650/2012 of the European Parliament and the Council.

For persons dying on or after 17 August 2015, the rule shall apply that the courts of the Member State in which the deceased had their habitual residence at the time of their death shall have jurisdiction to rule on the succession as a whole.

It is immaterial which country the assets of the estate are located in. Even if the inheritance assets include real estate located in Poland, the competent authorities for establishing the acquisition of the inheritance are the courts of the country where the deceased habitually resided.

Habitual residence is understood as the place where a person usually lives and where the person’s main centre of life is located. Factual circumstances – long-term residence, work, the concentration of family and social life – are mainly decisive.