Inherited property:
the missing signature
An inherited property rarely has one owner. And one missing signature is almost never visible at the start. It becomes visible on the day of the deal, or years after it.
Inheritance looks like a list of names. It is a calculation: the circle of heirs is determined by order, and the shares depend on things the certificate does not show.
Not a list, but a calculation
Heirs are ranked by order, and each order excludes the next. Collateral kinship reaches the sixth degree (Article 8(4) of the Inheritance Act, ЗН). The share of the surviving spouse changes depending on whether the marriage lasted more than ten years (Article 9(2) of the Inheritance Act).
For properties returned through restitution, the circle of heirs is determined as at the moment of the death of the deceased. If that was before 30 April 1949, the Inheritance Act of 1890 (Закон за наследството) applies, which for agricultural property gives male heirs a double share.
This is not a historical detail. It affects precisely the outskirts of Varna: Vinitsa, Alen Mak, Kochmar, Salzitsa.
It is not signed.
It happens.
Under Article 49(2) of the Inheritance Act, acts that can only be performed as an owner amount to acceptance: paying the tax, carrying out repairs, renting the property out.
And under Article 54 of the Inheritance Act, acceptance and renunciation cannot be challenged on grounds of mistake. In other words, the decision is often made before the heir has realised they are deciding.
Acceptance subject to inventory (приемане по опис) is the only one that puts a ceiling on liability. Its deadline is 3 months from learning of the inheritance, extendable by another three by the district court judge (Article 61(1) of the Inheritance Act). It is preclusive: once missed, it cannot be restored.
That is why the first decision about an inherited property is not whether to sell it, but whether to accept it, and how.
The debt does not stop at the value of the property
Under Article 60(1) of the Inheritance Act, an heir is liable in proportion to their share, but the liability is not limited to the value of what they received. The inherited apartment may be worth less than the inherited debt.
This is exactly what makes the inventory important and the three-month deadline expensive. And this is exactly why creditors have an interest in waiting: as long as the heir stays silent, they are accepting.
What else a single search does not show before you pay: checking a property before buying.
It answers
a narrower question.
The certificate of heirs (удостоверение за наследници) shows the heirs of one person. It does not show a chain of several successive inheritances, does not check whether anyone has accepted or renounced, and does not calculate shares under a repealed law.
It lists people. The rest is the job of whoever reads it.
Everyone’s signature is needed, and the three exceptions
Disposing of an individual item of the estate without the consent of the other heirs is relatively void under Article 76 of the Inheritance Act. Under Interpretative Decision No 1 of 19 May 2004 of the General Assembly of the Civil Chambers of the Supreme Court of Cassation (ОСГК на ВКС), the buyer acquires conditionally: ownership is confirmed only if, on partition, the property falls into the share of the seller.
Separately there is the right of redemption under Article 33(2) of the Property Act (ЗС): a co-owner who was not offered the share has two months to claim it.
And if one of the heirs is missing, the court can appoint a representative straight away, but that representative has no right to alienate the property (Article 8 of the Persons and Family Act, ЗЛС). A declaration of absence requires one year, a declaration of death five.
The small numbers
and one that is not.
The fees are small: a certificate of heirs in Varna costs about €2.56, and a renunciation of inheritance is registered for a state fee of €10.23.
The big number is a different one. The local acquisition tax for Varna Municipality is 3% under the municipal ordinance on local taxes, and when an inherited property is sold, the tax side appears as well: When you pay tax on selling a property, and when you don’t.
And the context that explains why the topic comes up so often: according to the 2021 Census, the country has 1,657,741 unoccupied dwellings, that is, 38.9% of the housing stock.
Frequently asked questions
Can an inherited property be sold without the signatures of all the heirs?
Formally a deal is concluded, but under Article 76 of the Inheritance Act it is relatively void with respect to the co-heir who has not disposed of their share. Under Interpretative Decision No 1 of 19 May 2004 of the General Assembly of the Civil Chambers of the Supreme Court of Cassation, the buyer acquires conditionally: their ownership is confirmed only if, on partition, the property falls into the share of the seller.
What is the deadline for accepting an inheritance subject to inventory?
Three months from when the heir learned that the inheritance was opened, and the district court judge can extend them by another three (Article 61(1) of the Inheritance Act). The deadline is preclusive: once missed, it cannot be restored.
Is an heir liable for debts beyond the value of what they received?
With ordinary acceptance, yes. Under Article 60(1) of the Inheritance Act, an heir is liable in proportion to their share, but the liability is not limited to the value of what they received. Only acceptance subject to inventory sets a ceiling.
What happens if one of the heirs is missing?
The court can appoint a representative straight away, but that representative has no right to alienate the property (Article 8 of the Persons and Family Act). A declaration of absence requires one year without news, and a declaration of death five years (Articles 9 and 14 of the Persons and Family Act).
Start from one date
Get a certificate of heirs and look at the date of death. Before 1949 means a different law and different shares, and every further inheritance lengthens the chain.
Send us that date and how many names come up. We come back with which signature is mandatory, which one can be worked around and where there is a wait.
This material is not legal advice. The inheritance file is checked by a lawyer.
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