Before accepting an inheritance, it is important to carry out a preliminary check to establish what real estate, motor vehicles (МПС), cash deposits, shareholdings in companies and other rights the deceased owned, as well as what debts they had. This step is particularly important in order to avoid taking on an inheritance with more liabilities than assets.

If it is established that the liabilities exceed the value of the inherited property, the heir has the right to choose between:

Merely carrying out checks in connection with the inheritance is not regarded as acceptance thereof.

Who may carry out the check?
Where there is more than one heir, each of them has the right to carry out the check independently or to authorise an attorney to make the necessary enquiries. The consent of all the heirs is not required in order to commence the procedure.

Document required to commence the check
The first step is the issuance of a certificate of heirs, which is obtained from the municipality of the deceased's permanent address. Obtaining a certificate of heirs does not mean acceptance of the inheritance.

If an attorney is instructed to carry out the checks and obtain the necessary documents, the power of attorney must be notarised.

What does the check of the inheritance involve?
The investigation of the inheritance covers the following types of checks:

  1. Real estate
  • The enquiry is carried out at the Registry of Deeds.
  • If the deceased owned property in different localities, the check must cover all the relevant registries of deeds in the country.
  • The check will reveal the existence of mortgages, distraints or legal disputes over the properties.
  • If necessary, copies of notarial deeds may be requested, where they are missing from the deceased's documentation.
  1. Vehicles
  • The enquiry is made through the information system of the Traffic Police (КАТ).
  • The results will show what motor vehicles the deceased owned and whether any seizures have been imposed by creditors or enforcement agents.
  1. Cash deposits and loans
  • The check is carried out at the Bulgarian National Bank (БНБ).
  1. Enforcement cases
  • Checks are made both with private enforcement agents (ЧСИ) and with State enforcement agents at the District Court for the deceased's permanent address.
  • They may reveal both the debts of the deceased and any enforcement cases brought by them against their own debtors.
  1. Company interests and shares in companies
  1. Securities
  • Information on securities held may be obtained through the Central Depository.
  1. Tax and social insurance obligations
  • The check is carried out at the National Revenue Agency (НАП) and at the municipality of the deceased's permanent address.
  • If the deceased had property in different localities, the checks for taxes due (e.g. building tax, waste collection charge) are made at each relevant municipality.

Fees for issuing documents
Fees are payable for most of the checks referred to and for the issuance of certificates.

If you need legal advice and protection of your inheritance rights, contact us on telephone 0887550706 or by e-mail: [email protected]