The surrender of a heritage in Bulgaria

According to the acting Bulgarian laws, the inherited property is transferred into the ownership of the heirs directly after the opening of the legacy without further instructions. The legatee is a successor by the power of the private will of the testator and needs the actual transfer of the property, land or item. The holder of the heritage is obliged to surrender the heritage. If the property is infringed in any way, the legatee may raise the claim to surrender the property and claim reimbursement of damages. The rules generally applicable to the acquisition of immovable property should be applied also in the case of acquiring estates by the power of a will or intestate succession.

By the acceptance of the inheritance, a joint ownership regarding movable and immovable property is created. It can be assumed that each heir owns the objects of the heritage equally. If one heir exercises the real ownership, he is owner of his part and acting as agent in possession regarding the shares of the co-heirs. The owner has in his disposition all proprietary claims provided by the Bulgarian law to protect his property. If the agent in possession changes his real intent and exercises and demonstrates ownership for himself, he can acquire title of the property by possession of it beyond the lapse of a certain time period, the so-called usucaption. The terms of the usucaption are regulated in the Articles 78 and 79 of the ownership/property law.