WHO ARE THE HEIRS OF THE DEAD
WHO ARE THE HEIRS OF THE DEAD
The circle of heirs at law includes the persons who are related to the testator: 1 / the children and by right of substitution the other descendants; 2 / the parents; 3 / the brothers and sisters and by right of substitution their children and grandchildren together with the ascendants of second and higher degree; 4 / relatives in the lateral line up to and including the sixth degree. Not all relatives in this circle inherit at the same time. The principle is that closer relatives exclude more distant ones. In this way, four lines of legal heirs are formed, and only those of them who have the right to receive the inheritance are called to inherit. However, the latter does not deprive them of the status of heirs at law, which they have ex lege. According to the Bulgarian court, the basis of legal inheritance is kinship, which is a relationship based on origin and is determined in accordance with the provisions of family law. The only exception is the spouse, whose right to inherit is based on the marital relationship with the testator. from him.
Order of inheritance
First row of heirs - descendants or children of the deceased / sons, daughters /;
Second line of heirs - ascendants or parents of the deceased / mother, father /;
Third row of heirs - 1 group - brothers and sisters of the deceased, 2 group - grandparents of the deceased;
Fourth line of heirs - aunts, uncles, cousins and other relatives up to IV degree in the lateral line.
(1) The children of the deceased shall inherit in equal parts.
(2) The children of the testator shall also be considered the children adopted by him.
(3) In case of adoption under Art. 102 of the Family Code, the adoptees and their descendants do not inherit the relatives of the adopter.
(4) When the deceased has not left children or other descendants, the parents or the one of them who is alive shall inherit equally.
(5) If the deceased has left only ascendants of second or higher degree, they shall inherit equally the closest of them by degree.
(6) When the deceased has left only brothers and sisters, they shall inherit in equal parts.
(7) When the deceased has left only brothers and sisters together with ascendants in the second or higher degree, the former shall receive two thirds of the inheritance, and the ascendants - one third.
(8) In the cases of the preceding paragraphs, half-brothers and half-siblings shall receive half of what their siblings receive.
(9) When the deceased has not left ascendants of second and higher degree, brothers and sisters or their descendants shall inherit the relatives in the collateral line up to and including the sixth degree. The nearest in degree and the descendant of the closer in degree exclude the more distant in degree.
(10) The spouse inherits a share equal to the share of each child.
(11) When the spouse inherits together with ascendants or siblings or their descendants, he receives half of the inheritance, if it was opened before the age of ten years from the conclusion of the marriage, otherwise he receives 2/3 of heritage. And when the husband inherits together with the ascendants and with the brothers and sisters or with their descendants, he receives one third of the inheritance in the first case and half in the second.
(12) If there are no other heirs under the preceding paragraph, the spouse shall receive the entire inheritance.
(13) The descendants of the testator, who have died before him or are unworthy, shall be replaced in the inheritance by law from their descendants without limitation of degrees.
(14) The deceased before his heir or unworthy brothers and sisters shall be replaced only by their children or grandchildren.
(15) Inheritance in these cases takes place by knee.
(16) The replacement shall also be allowed in favor of a person who has renounced the inheritance of the ascendant whom he replaces, or who is unworthy to inherit the same.
(17) Where several persons have died and it is not possible to establish the sequence in which the death of each of them occurred, the older person shall be deemed to have died before the younger one.
(18) When there are no persons who can inherit according to the previous articles, or when all heirs renounce the inheritance or lose the right to accept it, the inheritance is received by the state.
Attorney at law Iuila Danova
#3, Dobrotica Str., Varna, Bulgaria
Mob: +359 895 64 59 40
WWW: advokatvarna.com
Email: iulia.danova@abv.bg