Documents

Each notarial deed requires appropriate documentation to support the statements of the parties included in the notarial deed. In order to ensure the efficient organization of the preparatory phase for the notarial deed, we have provided you with a list of documents necessary to perform the most typical notarial deeds and information on where to obtain them.

However, it should be remembered that the nature of a given case may require obtaining other documents, therefore, before each deed, please contact the Office directly in person, by phone or e-mail.

The correctness of the documents provided is subject to verification and confirmation by the Office’s employees before the notarial deed is performed. To prepare the draft of the notarial deed, it is enough to submit copies or scans of the required documents, while the originals must be submitted no later than the date of signing the notarial deed.

Documents and data required for each notarial deed in the case of natural persons:

  • data: all given names, last name, parents’ first names, place of residence, PESEL, number of the document confirming identity;
  • a valid document confirming identity, i.e. an EU identity card or Ukrainian ID card, passport, Polish residence card (which should be carried with you at the time of the notarial deed);
  • power of attorney, in the case of acting through a proxy (does not apply to the Deed of Inheritance Certification);
  • tax identification number – NIP, in the case of natural persons actively conducting business activity;
  • marital property regime contract, if e.g. separation of property, extension of joint property – if such has been concluded;
  • in the case of contracts, information on marital status (current and in the case of the seller – also at the time of acquisition of the sold item).

Documents and data required for each notarial deed in the case of legal persons or partnerships:

    • data of persons representing a legal person or a partnership: all given names, last name, place of residence, PESEL, number of a valid document confirming identity (which should be carried with you at the time of performing a notarial deed);
    • information corresponding to a current extract from the register of entrepreneurs or a current extract from the register of entrepreneurs, consolidated text of the company agreement or statute;
    • power of attorney, in the case of acting through a proxy.

Deed of inheritance certification:

  • The testator’s will, if one has been drawn up;
  • Abridged copy of the testator’s death certificate;
  • Abridged copy of the heir’s birth certificate (applies to people who have not changed their surname);
  • Abridged copy of the heir’s marriage certificate (applies to persons who changed their surname after entering into marriage (in the case of the deceased person’s spouse, issued after the death of the testator, with a note on the termination of the marriage);
  • Abridged copy of the heir’s death certificate (applies to heirs who did not live to see the opening of the inheritance);
  • A certificate of the deceased’s PESEL number;
  • The land and mortgage register number (if the inheritance includes real estate, apartment, perpetual usufruct right or cooperative ownership right to premises for which a land and mortgage register is kept);
  • Agreements on waiver of inheritance, concluded between the testator and the heirs (if they have been drawn up);
  • Declarations on rejection or acceptance of inheritance, if they have been drawn up earlier;

All copies of civil status records (births, marriage, death) can be obtained at any Civil Registry Office; NOTE: civil status records cannot be in electronic form.

Declaration of rejection of inheritance:

  • Abridged copy of the death certificate of the deceased person after whom a declaration of rejection of inheritance is to be submitted – Any Civil Registry Office;
  • Information whether the deceased person made a will;
  • Information about the last place of habitual residence of the deceased person at the time of death and their last place of residence;
  • Data of other statutory or testamentary heirs – if known (names and surnames, addresses of residence, relationship to the deceased person, and in the case of minors – also dates of birth, information about persons who have already rejected the inheritance – indication of the date and the act containing the rejection);
  • If court proceedings are pending – case file reference number.

Additionally, in the case of declarations submitted on behalf of minors:

  • Abridged copy of the birth certificate of the minor – Any Civil Registry Office;
  • Copy of the submitted application for permission to perform a legal act exceeding the scope of ordinary management of the property of a minor, consisting in the rejection of inheritance – with a court stamp specifying the date of receipt;
  • Final court decision granting permission to reject inheritance on behalf of a minor – Guardianship court (District Court – Family and Minors Division) competent for the child’s place of residence in Poland.

Declaration of submission to execution for occasional lease:

  • Occasional lease agreement completed and signed by the parties;

Power of attorney:

  • Data of the proxy, i.e. all given names, last name, parents’ first names, PESEL, address of residence;
  • Information on the content and scope of the power of attorney, and if the power of attorney concerns real estate – the land and mortgage register number of that real estate.

Testament/Last will:

  • Details of the heir and/or the person to be disinherited (all given names, last names, parents’ first names, current address, date and place of birth);
  • If the will is to include disinheritance – reasons for disinheritance;
  • If the will is to include a vindication clause – detailed information regarding the subject of the clause (in the case of real estate: land and mortgage register number or notarial deed, which is the basis for acquiring the real estate).

Marital property regime contract establishing the separation of property:

  • Marital property regime contract concluded BEFORE the marriage – INFORMATION: date and place of the planned marriage;
  • Marital property regime contract concluded AFTER the marriage – DOCUMENTS: abridged copy of the marriage certificate (to be presented) – Any Civil Registry Office.

Disposal of real estate (e.g. sale or donation):

  • Document constituting the basis for acquisition (e.g. notarial deed, court decision, inheritance certificate, land ownership deed);
  • Extract from the land register with a note that this document is intended for making an entry in the land and mortgage register – District Office (Starostwo) competent due to the location of the real estate;
  • Extract from the building register with a note that this document is intended for making an entry in the land and mortgage register – if the real estate is built-up – District Office competent due to the location of the real estate;
  • Extract and outline from the cadastral map with a note that this document is intended for entry in the land and mortgage register – if the notarial deed includes an application to separate the plot from the current land and mortgage register – District Office competent for the location of the property;
  • Certificate of whether the property is or is not covered by a simplified forest management plan and whether a decision has been issued for the property, as referred to in art. 19 sec. 3 of the Forest Act, the District Office competent for the location of the property;
  • Certificate of the designation of the plot in the local spatial development plan or a certificate of the lack of a plan – the Commune competent for the location of the property;
  • Certificate of the adopted resolution on revitalization and the right of pre-emption of the property or the lack of such resolutions (only in the case of a sales agreement) – the Commune competent for the location of the property;
  • Final decision approving the division of the property, if the property has been divided and is not entered in the land and mortgage register – Mayor or City President competent due to the location of the property;
  • Map with the project of the division of the property, if the property has been divided and is not entered in the land and mortgage register;
  • Certificate confirming that the acquisition of the property being sold was exempt from inheritance and donation tax or the tax due has been paid or the tax liability has expired due to the statute of limitations (only in the situation where the acquisition occurred through inheritance or adverse possession from 11 August 1983 and when the acquisition occurred through donation, donor’s order, free termination of joint ownership or compulsory share from 1 January 2007) – Tax Office competent due to the location of the property;
  • Loan agreement, if the purchase will be financed with a bank loan;
  • Certificate of no persons registered for permanent or temporary residence – if the property is built-up (recommended in the case of a sales agreement, but dependent on the arrangements of the parties) – Municipality competent for the location of the property;
  • Energy performance certificate (only in the case of a sales agreement).

Disposal of residential real estate (e.g. sale or donation):

  • Document constituting the basis for acquisition (e.g. notarial deed, court decision, inheritance certificate);
  • Certificate of the adopted resolution on revitalization and the right of pre-emption of the property or the lack of such resolutions (only in the case of a sales agreement) – Municipality competent for the location of the property;
  • Certificate confirming that the acquisition of the real estate being sold was exempt from inheritance and donation tax or that the tax due was paid or that the tax liability expired due to the statute of limitations (only in the event that the acquisition occurred through inheritance or adverse possession from 11 August 1983 and when the acquisition occurred through donation, donor’s order, free termination of joint ownership or compulsory share from 1 January 2007) – Tax Office competent for the location of the real estate;
  • Loan agreement, if the acquisition will be financed from a bank loan;
  • Certificate of the lack of persons registered for permanent or temporary residence (recommended in the case of a sales agreement, but dependent on the arrangements of the parties to the agreement) – Municipality competent for the location of the real estate;
  • Energy performance certificate (only in the case of a sales agreement).

Disposal of cooperative ownership rights to residential or commercial premises (e.g. sale or donation):

  • Certificate of the right to the premises Housing Cooperative;
  • Document constituting the basis for acquisition (e.g. notarial deed, court decision, inheritance certificate, assignment, agreement on the transformation of cooperative tenancy right into cooperative ownership right to the premises);
  • Certificate confirming that the acquisition of the right being transferred was exempt from inheritance and donation tax or that the tax due was paid or that the tax liability expired due to the statute of limitations (only in the event that the acquisition occurred through inheritance or adverse possession from 11 August 1983 and when the acquisition occurred through donation, donor’s order, free termination of joint ownership or compulsory share from 1 January 2007) – Tax Office competent for the location of the property;
  • Loan agreement, if the acquisition will be financed from a bank loan;
  • Certificate of the lack of persons registered for permanent or temporary residence (recommended in the case of a sales agreement, but dependent on the arrangements of the parties to the agreement) – Municipality competent for the location of the property;
  • Energy performance certificate (only in the case of a sales agreement).

Consent for child’s travel:

DOCUMENTS: To certify a signature, a ready statement and valid identity documents must be submitted. Signatures are made only in the presence of a notary.

Need more information?

Do not hesitate to visit, call, or e-mail us, or use the contact form below:

13 + 4 =