Renunciation of an Inheritance When Liabilities Exceed Assets

Where a close relative has died and the estate includes both assets and liabilities — for example, a mortgaged house and a substantial outstanding debt — the heir must carefully assess whether accepting the inheritance is in his or her interest.

Bulgarian law allows the persons called to inherit to choose between accepting the inheritance, accepting it by inventory, or renouncing it in full.

Acceptance may be express, by an application to the district court in the place where the inheritance was opened, or tacit, where the heir performs acts characteristic of an owner that clearly show an intention to accept the estate — for example, making improvements to inherited property or disposing of it.

Acceptance by inventory must be declared in writing before the competent district court within three months from the date on which the heir learned that the inheritance had opened. In cases involving legal or factual complexity, the court may extend this period by up to a further three months. Acceptance by inventory does not allow the heir to select only preferred assets; rather, it limits liability for inherited debts to the value of the inherited property, subject to the statutory requirements.

Renunciation means that neither the assets nor the liabilities of the estate enter the heir’s legal sphere. The shares of the remaining heirs increase as a consequence. Renunciation is ineffective if the inheritance has already been accepted expressly or tacitly.

Both acceptance in the forms provided by the Inheritance Act and renunciation are entered in a special register kept by the competent district court. The applicable court fee and required documents should be checked with the court at the time of filing.

Before choosing between acceptance, acceptance by inventory, and renunciation, an heir should establish what assets and debts form part of the estate. Where the estate includes loans, mortgages, enforcement proceedings, or disputed property, legal advice is particularly important.

If you have questions about accepting or renouncing an inheritance, consult a lawyer practising succession law.