The procedure for declaring the death of a missing person is intended to protect the interests of his heirs and other interested parties. Most often, such court cases are brought by heirs, but a declaration of the death of the missing person may also be requested by partners, employers, creditors, debtors and other persons with whom the missing person had legal relations. The prolonged absence of a person about whom there is no information may lead to uncertainty and affect various legal and financial interests.

Conditions for declaring death

A declaration of a person's death may be requested by the prosecutor or by any interested party after the expiry of five years from the last known communication regarding the absent person. The last piece of news may be witness testimony, statements about a last meeting or conversation, a received message, an e-mail and other evidence.

In the event of disappearance during an event that suggests death (such as a natural disaster), the time limit for declaring death is two years from the end of the event.

It is important to note that the declaration of death may be made even if it has not been preceded by a declaration of the person's absence.

Filing an application for a declaration of death

The application for a declaration of death is filed with the district court of the missing person's last permanent address. If there is no such address, it is filed at the address where the person resided immediately before the disappearance. A state fee of BGN 25 is due for filing the application.

Procedure for examining the application

After the application is filed, the court sends an extract for publication to the municipality, district or mayoralty where the person last resided. This notice is posted in a prominent place in the building of the relevant institution and is sometimes published on the municipalities' websites. In addition, the extract is served on the presumed heirs and on the attorney-in-fact or legal representative of the missing person, if any.

The court establishes the date of the last communication regarding the absent person and requires the applicant to prove the expiry of the five-year period without news of the person. To gather information, the court turns to the missing person's relatives, the municipal authorities, the Ministry of the Interior, the National Revenue Agency (НАП), the National Social Security Institute (НОИ) and other appropriate sources.

The court's decision and consequences

The court determines the day and, where possible, the hour of the presumed death. This date is important for establishing the person's heirs. In the absence of other data on an exact date, the date of the last communication regarding the absent person is taken.

The declaration of death by judicial procedure gives rise to the same legal consequences as actual death. The marriage of the deceased is dissolved, and the heirs become owners of his property and may manage and dispose of it.

Drawing up a death certificate

On the basis of the court's decision, a death certificate is drawn up in the municipality of the person's last permanent address or at the place where he resided immediately before the disappearance.

Reverse consequences if the person returns

It is possible that the person declared dead turns out to be alive. In such a case, he may reclaim his properties, if they have not been alienated, as well as properties alienated free of charge. If the properties have been alienated for consideration, the person may claim everything acquired in exchange, or the price paid by third parties.

Obligations suspended on account of the person's absence, such as maintenance or a pension, are resumed after an invitation for performance sent to the obligated persons. They are paid from the date of receipt of the invitation, but not for the period of absence.

If the person was married, the declared death dissolves the marriage, which is not automatically restored upon return. Restoring the marital union requires a new marriage.

If you need legal advice or assistance in appointing a representative, or in declaring the absence or death of a missing person, contact us on tel.: 0887550706 or by e-mail: [email protected]