Acceptance of an Inheritance in Bulgaria

An inheritance may be accepted under Article 49 of the Bulgarian Inheritance Act either expressly, by a written application to the district court in the place where the inheritance was opened, which is entered in a special register, or tacitly, by performing an act that clearly demonstrates the heir’s intention to accept the inheritance.

Article 51 regulates a procedure under which, at the request of any interested party, the district judge summons the person entitled to inherit and sets a time limit within which that person must state whether the inheritance is accepted or renounced. If the heir does not respond within the period set by the court, the right to accept the inheritance is lost. The heir’s declaration is entered in the special register referred to in Article 49(1).

The law requires that persons entitled to inherit be duly summoned and personally notified. In proceedings under Article 51, the deemed-service rules of Articles 40 and 41 of the Code of Civil Procedure, service by affixing a notice, and publication in the State Gazette are not applicable where they would lead to appointment of a special representative. The decision whether to accept or renounce an inheritance is strictly personal. If personal notification of the heir about the creditor’s request and the consequences of inaction is impossible, the application under Article 51 must be dismissed. This interpretation is reflected in Supreme Court of Cassation Order No. 315 of 23 June 2015.

This article is general information and is not legal advice concerning a specific case. Assistance in a similar matter requires consultation with a lawyer practising civil and succession law.