The pandemic took many lives, and one of its victims was Elena's mother. The woman owned an apartment in Bulgaria where she regularly spent the summer. After her death the apartment was to pass to her heirs — her husband and children, Russian citizens without any status in Bulgaria. However, they ran into difficulties claiming the inheritance.
Bulgarian citizens and foreigners holding long-term and permanent residence permits have an EGN — a unified civil number. When this number is issued, information about relatives — potential heirs — is entered into the unified civil register. When a person dies, the heirs may at any time go to the Municipality at the deceased’s place of residence and obtain a certificate of heirs. There is no deadline for claiming the inheritance in this case.
If there is a will, it is even simpler: the deceased’s property is distributed in accordance with the instructions in that document. At the same time, the relatives listed in the certificate may contest the will in court if they believe their rights have been infringed.
It is harder for foreign citizens who do not have an EGN. To confirm their inheritance rights, foreign citizens must provide a similar certificate of heirs issued in their own country. For the heirs of the woman in our story, obtaining such a certificate proved difficult. Notaries refused to open an inheritance case because the deceased had no real estate in Russia.
As a result, the heirs found themselves in a difficult situation — being relatives of the deceased, they may use the property by presenting the relevant documents proving direct kinship, but they cannot sell it, since they are not proven heirs.
First of all, you need to think about your heirs in advance. Many people superstitiously put off writing a will and other arrangements concerning their property, thereby complicating life for their loved ones. It is better to take care of future heirs in good time.
To do this, elderly people can execute a deed of gift in favour of one of their relatives. The law allows the deed of gift to stipulate a right of lifetime residence for the donor. This is good insurance against trouble and possible treachery on the part of relatives. Until the death of the old owner, no one else will be able to use the apartment, but afterwards the new owner will not have to go to the trouble of having his rights to the property recognised.
Single people (or those who do not wish to leave anything to their relatives) can sell the apartment while retaining the right of indefinite, i.e. lifetime, residence. In this way they can improve their financial situation without any risk. Moreover, if the new owner decides to resell the property, the buyer will also be unable to use it while the original owner is alive. Such an encumbrance can only be removed through the court (where there are grounds for it) or if the original owner of the property himself cancels his condition of lifetime residence.
Such options may be a solution for elderly foreign citizens who own property in Bulgaria but do not have Bulgarian citizenship, a permanent residence permit or EU long-term resident status. A gift or a sale with a right of lifetime residence for the former owner is in many cases more convenient and more advantageous both for the owner himself and for those to whom he plans to leave his home.
Is there any danger in buying Bulgarian property from heirs?
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Real estateBuying property is a serious matter, so it is worth taking care of your safety in advance. To do this, you need to check the property you are interested in before signing the preliminary contract, especially if it is an old house or a plot of land.
Real estateInterest in urban property in Bulgaria has grown recently. Buyers often want to know what costs await them, what they will have to pay for in addition to the apartment itself, and how the transaction works.
Real estateElderly people in Bulgaria often give no thought to transferring property to their relatives before they die, since the inheritance procedure is not as lengthy as, for example, in Russia. If there are no disputes between the heirs, inherited ownership is confirmed within a matter of days.
This article describes the general procedure. Your situation almost always has specifics — tell us about it and we will point out the shortest route.
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