General rules regarding acceptance and waiver of succession

Only natural persons with legal capacity can waive or accept an inheritance. Incapacitated persons are represented by their legal representative – here, a waiver is inadmissible. The right to accept or waive an inheritance emerges with the opening of the legacy. From this time on, the heirs may exercise their hereditary rights. It is inadmissible to accept or waive a heritage under conditions.

Furthermore it is inadmissible to partly accept or waive a heritage. If a person is legal and testamentary heir at once, he may make a valid waiver for one of the heritages. According to Article 55 of the inheritance law, after the acceptance of the heritage, the heir is entitled to apply for a reduction of other legacies and wills if they violate his reserved portion.

Article 67 of the inheritance law provides that the creditors of the inheritance and the devisees can, in three months term after its acceptance, require the separation of the possessions of the legator from the possessions of the heir.

A special case occurs, if the heir dies before he accepted or renounced the inheritance. If in this case his hereditary right has not expired, it may be exercised by his own heir. According to Article 57 of the Bulgarian Inheritance Act, the inheriting person should accept both the inheritance of his legator and the prior legator at once. Following Article 10a, this regulation is inapplicable if testator and heir die at the same time. This regulation applies to the inheritance by intestacy as well as to the a last will and testament.