September 17, 2025
Rafał Radomski

Selling a flat from an inheritance - formalities, taxes and necessary steps

Selling a flat that you have received as an inheritance is a process that, at first glance, can seem complicated. Not only does it involve dealing with a number of official matters, but often also the emotions of having lost a loved one. That is why it is crucial to be well prepared and to know the next steps so that you can go through everything efficiently and without unnecessary stress.

In this step-by-step guide, we will explain how to handle the whole undertaking. We will focus on the most important issues, such as regulating the succession formalities, which will confirm your right to the premises. We will discuss which essential documents you need to gather in order to finalise the transaction with the notary without any problems. We will also look at the topic of taxes, explaining when the obligation to pay arises and how you can benefit from the reliefs available. Finally, we will suggest why you should consider helping professional real estate offices, which can be a huge support when you lack time and experience.

Succession formalities - from the declaration of inheritance to the division of the estate

In order to be able to sell an inherited flat, you must first formally become the owner of it in law. This is the absolute basis without which the notary will not carry out the transaction. You can confirm your right to the inheritance in two ways: in court or with a notary.

Legal actionNotarial route
Submission of an application for declaration of inheritance in court.Drafting certificate of inheritance at the notary's office.
The process can take several months.The matter can even be dealt with in one day.
Necessary when there is disagreement between the heirs.Requires consent and the presence of all heirs.

When a property is inherited by several people, you become co-owners. Before the sale, it is then necessary to carry out partition of the estate. This is the procedure that decides what happens next with the flat. You can arrange for the flat to fall to one person (with the obligation to repay the others) or for it to be sold and the money divided. As with the confirmation of an inheritance, the division of the estate can be arranged quicker and easier with a notaryas long as all co-owners are in agreement on the division of the property.

Necessary documents and certificates - what to prepare before visiting the notary?

Completing the paperwork even before you find a buyer is the key to a quick and hassle-free sale. This will help you avoid a nervous, last-minute search and show yourself in the eyes of the buyer as a reliable and organised seller.

Before visiting the notary, you will need to prepare a set of documents to confirm your right to the property and its legal status. The most important of these are basis for the acquisition of the estate (i.e. a document from the court or from a notary) and a current copy of the land register. A special certificate from the tax office is also crucial - without it, the transaction will not take place. The table below lists the key documents.

DocumentWhere to obtain/what to confirm
Court decision on the acquisition of the estate or Deed of SuccessionConfirmation of your right to the property.
Certificate from the tax officeProof that inheritance tax has been paid or was not due.
Current extract from the land registerVerification of the legal status of the property, owners and possible encumbrances.
Certificate of no registered personsGuarantee for the buyer that no one is registered in the property.
Certificate of no arrears of feesDocument from the cooperative or manager confirming the absence of rent debts.
Energy performance certificateMandatory document to determine the energy requirements of the premises.

Tax on the sale of a flat from an inheritance - when do you have to pay and how do you benefit from relief?

One of the most important financial issues when selling an inherited property is income tax. It can be avoided, but you need to know the rules. The key rule here is five years, however, many people interpret it incorrectly.

You will not pay tax if you sell the flat after a period of 5 years, counting from the end of the calendar year in which the acquired by the testator - i.e. the person you inherit from. This is very important information! It means that if your testator owned the flat for more than 5 years, you can sell it as soon as the inheritance formalities have been completed, tax-free.

What if this condition is not met? Then you have to pay 19% of PIT on the sale income (i.e. the difference between the sale price and the costs). However, there is a gateway to avoid this - it is the so-called housing allowance. In order to use it, you must within three years from the sale to use the proceeds for your own residential purposes. This could be, for example, the purchase of a new flat, the construction of a house, the repayment of a mortgage taken out for another residential property or even the renovation of one's own dwelling.

Selling through an estate agency - why is it a good solution when you don't have the time or experience?

Selling an inherited flat yourself, especially when you are doing it for the first time, can be overwhelming. The enormous amount of paperwork, negotiations with buyers and time pressure can lead to stress and costly mistakes. That is why working with an experienced real estate agency is often the best solution, providing a a guarantee of safety and efficiency.

A professional intermediary takes over the whole process. He starts with professional preparation of the offer - including taking high-quality photographs and a virtual walk-through - and then carrying out extensive marketing activities to reach the right customers. This is a huge time-saver, especially if the inherited property is far from where you live.

What's more, estate agent is your support at every stage. It helps you verify documents, guides price negotiations on your behalf, taking care to obtain the best possible terms and conditions, and coordinates the entire process right through to a secure final at the notary. By opting for such assistance, you not only save a lot of time and nervesbut you will gain confidence that your transaction is being conducted fairly and to your benefit.

The key to a successful transaction - a comprehensive guide to selling a flat from inheritance

Selling a flat from an inheritance is a process that may seem complicated at first glance, but with the right preparation it becomes much simpler. The key to success is conscious and systematic action.

Remember that each stage - from succession arrangements, by completion of documentsup to tax return - is of paramount importance for the successful completion of the transaction. Knowing the rules, for example on income tax exemption or housing allowance, can bring you real financial benefits.

If you feel that the enormity of the paperwork is overwhelming you, you are short of time or you just want to be sure that everything will run smoothly, do not hesitate to seek expert assistance. Support from a professional real estate offices is a guarantee of security, time savings and peace of mind that will allow you to successfully close this important stage in your life.

Rafał Radomski

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