Selling inherited property when one co-heir will not agree
Selling inherited property in Bulgaria when a co-heir refuses: joint sale, share transfers, voluntary partition and court proceedings.
Read article →Acceptance under inventory limits liability but brings disposal rules. Check court permission, the five-year period and accounting for sale proceeds.
Acceptance of a Bulgarian inheritance under inventory does not leave its property unrestricted for sale. Under Article 65 of the Inheritance Act, disposing of inherited real estate within five years of acceptance requires the district judge's permission; breach exposes the heir to unlimited liability for the deceased's debts.
Acceptance under inventory generally limits liability to the value of the inheritance received. This is different from a promise that creditors can recover only from the particular apartment. A limit on the amount of liability is not the same as a restriction on which assets may face enforcement.
Locate the court documents, inventory and acceptance date. Check that the property is included and identify other assets and known debts. The relevant period runs from acceptance, not automatically from the death.
The heir must account to creditors and legatees for management. Retain the valuation, permission, sale deed and banking trail. If the sale will fund debts, clarify the payment order before selecting creditors simply because they demand payment most persistently.
Agreement among all co-heirs does not replace permission under this regime. If a child is involved, protection of the child's property raises an additional issue. Arrange the transaction so that the necessary authorisations precede the final disposal.
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This article is for general information only. It does not constitute or replace individual legal advice.