Acceptance of an inheritance

Under Article 49 of the Bulgarian Succession Act, an inheritance may be accepted expressly, by a written declaration to the district court within whose territorial jurisdiction the succession opened. The declaration is entered in a special register. Acceptance may also be tacit, through an act that unequivocally shows the heir’s intention to accept the inheritance.

Under Article 51, any interested person may ask the district judge to summon the person entitled to inherit and set a deadline for that person to declare whether they accept or renounce the inheritance. If the heir does not respond within the time allowed, they lose the right to accept. The heir’s declaration is entered in the register referred to in Article 49(1) of the Act.

The Act requires the persons entitled to inherit to be summoned, which means that they must be duly notified. In proceedings under Article 51, the rules on deemed service in Articles 40 and 41 of the Code of Civil Procedure do not apply. Nor does service by affixing a notice or by publication in the State Gazette, involving the appointment of a special representative: the choice whether to renounce or accept an inheritance is strictly personal. Thus, if the heirs cannot be notified personally of the application by the deceased’s creditor and of the consequences of failing to respond, the application under Article 51 must be dismissed. See Order No. 315 of 23 June 2015 in private civil case No. 3092/2015 of the Supreme Court of Cassation, First Civil Division.

This article is neither a legal opinion by attorney Elitsa Markova, attorney Mihail Tomov or a lawyer at Markova, Tomov and Partners, nor advice concerning a particular situation or person. For assistance with a similar case, consult a lawyer who practises civil law.