Please note: This page is an English translation of information originally written for clients in Bulgaria. If you are a foreign citizen or live abroad, additional considerations may apply to your case, such as signing documents from abroad, granting a power of attorney, travelling to Bulgaria or complying with specific legal requirements and deadlines. Feel free to contact me to discuss your situation and find out what applies to you.

“My mother wants to disinherit my sister because she doesn’t take care of her, and to leave everything to me in her will. Can my sister challenge the will?” This question opens one of my first blog articles on inheritance – Will – challenging (in Bulgarian). Since then I have heard it in dozens of variations. Inheritance is rarely only a question of money. It is almost always also a question of family relationships, old grievances and who gave and received what. As an inheritance lawyer in Plovdiv and Sofia, together with my team I handle various inheritance cases.

A will cannot take away everything

The children, the spouse and the parents of the deceased are entitled to a reserved share of the estate. If this share is reduced by a will or a gift, it can be restored through the court. That is why a will that leaves “everything to one child” is rarely the last word.

How is a will challenged?

A will can be null and void – for example, if the required form was not observed or the testator did not understand what they were signing. It can also be voidable – if it was made under threat, through fraud or by mistake. Separately, heirs who are entitled to a reserved share can ask for the will to be reduced.

A separate issue is property transferred during the owner’s lifetime in exchange for care and maintenance. When the acquirer has not fulfilled their obligations, the contract can be terminated. I have written about such a case in Transfer of property in exchange for care and maintenance (in Bulgarian).

Inheritance lawyer in Plovdiv: inheritance with debts and renunciation of inheritance

Cases where the deceased leave nothing to their children are not rare. Actually, saying they leave nothing is not accurate – they leave debts! We often meet people who receive invitations for voluntary payment from private bailiffs for the obligations of relatives they have not seen for years. This shocks them and puts them in extremely unpleasant situations. More on the topic in Renunciation of inheritance (in Bulgarian).

I renounced the inheritance, but they still pursue me for the debts. What should I do?

Show the creditor or the bailiff a certificate that your renunciation has been entered at the district court. If they continue to pursue you, the renunciation is raised in court. Attention: if before the renunciation you accepted the inheritance – for example, by using or selling items from it – the renunciation may have no effect.

Frequently asked questions

What is the order of inheritance by law?

The children and the spouse inherit first. If there are no children, the spouse inherits together with the parents of the deceased or with their brothers and sisters. If there are none of them, more distant relatives inherit, and finally – the state.

My mother left everything to my brother in her will. Am I left with nothing?

No. The children, the spouse and the parents of the deceased are entitled to a reserved share, which the will cannot take away. It is restored through the court.

My father died with debts. Do we have to pay them?

Only if you accept the inheritance. You can renounce it or accept it under inventory – then you are liable for the debts only up to the value of what you inherited. Be careful: if you start using or selling items from the inheritance, you may be deemed to have already accepted it.

Within what period is an inheritance accepted under inventory?

Within three months of learning that the inheritance has opened. The court may extend the period.

My brother lives in the inherited house and does not want to divide it. What can I do?

You can ask for judicial partition even without his consent. If he also uses your share, after a written demand you can also claim compensation for it.

If you have a will that surprises you, an inherited property you cannot divide, or an inheritance you fear carries debts, come with the documents. As an inheritance lawyer in Plovdiv, I will tell you what your options are before you take a step that is difficult to undo later.

For clients abroad

I inherited a property in Bulgaria but live abroad. Where do I start?

The first document is usually the certificate of heirs. It is issued by the municipality, usually the one where the deceased had their last permanent address, and it can be requested by an heir or by a representative with a power of attorney. Most of the steps after that – checking the property, accepting or renouncing the inheritance, selling or dividing the property – can be done through a representative, without you having to travel.

Can a foreigner inherit land in Bulgaria?

Yes. Foreigners can acquire land by inheritance by law. However, an heir from outside the EU and the EEA who inherits agricultural or forest land is, as a rule, obliged to transfer it within three years of the opening of the inheritance to a person who is entitled to acquire it.

Which country’s law applies to the inheritance?

Within the EU, inheritance is generally governed by the law of the country where the deceased had their habitual residence, unless they chose the law of their nationality in their will. Each inheritance with a foreign element needs to be checked separately – I will tell you what applies in your case.

Can we work entirely online?

Yes. Consultations can take place by video call and documents can be sent by email. If you prefer to meet in person, you are welcome at our offices in Plovdiv or Sofia by appointment.