The acceptance of inheritance is a key legal act that allows heirs to acquire the property of the deceased. Bulgarian legislation provides various ways of accepting inheritance, which are regulated by the Inheritance Act (IA). This article will cover the main aspects and procedures related to the acceptance of inheritance.Ways of Accepting Inheritance.
The Inheritance Act provides three methods for accepting inheritance:
Explicit Acceptance:
This is done by submitting a written application to the district court where the inheritance is opened. The acceptance is certified by an act that the court records in a special register, and once made, it cannot be revoked.
Tacit Acceptance:
This occurs when the heir performs actions that unequivocally indicate their intention to accept the inheritance. Such actions include any dispositional actions related to the inherited property, such as sale, donation, exchange, filing a vindication claim, a partition claim, or when the heir conceals certain property that is part of the inheritance from other heirs, among others.
It should be noted that in cases of explicit and tacit acceptance of the inheritance, the heirs receive both the assets (property) and liabilities (debts and obligations) of the deceased. Therefore, it is important for heirs to be informed about the state of the inheritance and take appropriate steps to protect their interests.
Acceptance by Inventory:
This is a procedure in which the heir accepts the inheritance with the condition that they will be responsible for the deceased’s obligations only up to the value of the inherited property. The heir must submit an application to the competent district court stating their desire to accept the inheritance by inventory. This application must be submitted within three months from the moment the heir becomes aware of the inheritance opening. The court can extend this period for up to three months for a valid reason. The acceptance is recorded in a special register.
There are cases where certain subjects must mandatorily accept the inheritance by inventory. These include incapacitated persons, the state, and public organizations, who accept the inheritance only by inventory, and for them, the three-month period does not apply.
Acceptance by inventory is a legal mechanism that protects heirs from assuming more liabilities than the value of the inherited property. In this case, creditors of the deceased can claim only up to the value of the inherited property, thereby protecting the heir’s personal property.
Restrictions Arising from Acceptance by Inventory
Upon acceptance of the inheritance by inventory, some restrictions arise for the heir. According to the Inheritance Act, the heir cannot dispose of immovable property for five years from acceptance, and movable property for three years, except with the permission of the district judge. Otherwise, the heir is liable for the deceased’s obligations without limitation.
If you need professional advice in the field of inheritance law, do not hesitate to contact our team.