Is there any risk in buying Bulgarian property from heirs?

If the children or grandchildren do not need the inherited property, they can put it up for sale. And then, let us say, a potential buyer appears who would be glad to acquire the apartment or villa, but suspects some catch, since the heir selling the property is not named in the notarial deed.

Can the transaction be arranged safely for the buyer? Yes, certainly. The only difference from an ordinary property sale is that the owners need to gather a whole package of documents for the sale.

It includes:

• A document of ownership (notarial deed, purchase agreement with the Municipality, etc.). The document must state information about the property being sold — area, location and other data.
• Current certificates of heirs for all deceased persons. The certificates must have been issued or certified recently, no earlier than 6 months before the transaction is concluded. A separate certificate is issued for each deceased owner, stating the exact date of death, the list of heirs and other data. Relatives must obtain the certificate from the Municipality of the deceased’s last place of residence. (It is worth noting that only persons holding an EGN are entered as family members in the population register at the Municipality. Foreign relatives of deceased property owners who were foreigners must bring certificates of inheritance from their own country.)
• A check of the wills of all deceased persons.
• In areas where the cadastral map has not entered into force, a current plan of the plot drawn up by the Geodesy, Cartography and Cadastre Agency or by representatives of the Municipality. The document is required only if the owners hold an ideal share of the land plot. The plan (skitsa) is valid for 6 months. If there are discrepancies between the description of the plot in the notarial deed and in the plan, the plan must contain a note on the identity of the property.
• In areas where the cadastral map has entered into force, a schematic of the property drawn up by the Geodesy, Cartography and Cadastre Agency. Such schematics are issued separately for each independent unit, whether a garage, an apartment or an office.
• A certificate of the current administrative address (only if the address in the ownership document differs from the present one).
• A certificate of marital status for all sellers (issued by the ESGRAON service at the place of residence). If the seller is divorced or widowed, the certificate must state what the owner’s marital status was on the date the property was acquired, since if the seller was married at that time, the property is considered joint marital property.
• If the property was acquired by the spouses who left the inheritance — a marriage certificate.
• A declaration under Art. 26 of the Family Code of Bulgaria. The document is required if one of the sellers acquired the property while unmarried and married afterwards. In such a situation the other spouse, who is not the owner, must sign a declaration of consent to the sale. If the spouses have other housing owned entirely by the spouse, there is no need to sign such a declaration.
• A current certificate of the tax value of the property. The document is valid for 6 months. It must contain a note confirming the absence of arrears.

When acquiring property from heirs, buyers usually fear that the transaction will be declared invalid if other heirs subsequently appear and assert their rights. The certificate of heirs and the other documents allow the buyer to make sure that their rights to the purchased property will not be challenged later. And to make sense of the documents, it is advisable to seek the help of a competent specialist. The specialists of Bulgarian Expert are ready to advise buyers and help with the paperwork for the property.

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