International Successions in Bulgaria: Conflicts of Laws

Published on April 29, 2026 and written by Cyril Jarnias

In an increasingly globalized world, where cross-border transactions and migratory movements are intensifying, the issue of international inheritance law in Bulgaria is attracting growing interest. National laws are no longer sufficient to resolve the complexities and ambiguities of estates involving foreign elements, making it crucial to examine conflicts of laws to avoid disputes and ensure an equitable distribution of assets. Bulgaria’s accession to several international conventions and the application of EU Regulation No. 650/2012 introduce tailored mechanisms to address the challenges faced by practitioners and heirs, but also raise critical questions regarding harmonization and the uniform application of legal rules. This exploration of the issues surrounding inheritance law in Bulgaria highlights the importance of a precise legal framework to secure the cross-border rights of heirs.

Bulgarian Law and International Successions: An In-Depth Analysis

Fundamental Principles of Bulgarian Law on International Successions

Bulgarian law on international successions is based on fundamental principles that largely align with European standards while retaining certain national specificities. Bulgaria has applied the European Succession Regulation (650/2012) since its entry into force in 2015, which has significantly simplified the handling of cross-border successions involving Bulgarian nationals or assets located in Bulgaria.

The central principle is that of the unity of the succession, whereby a single law applies to the entire estate, whether it concerns movable or immovable property. By default, the law of the deceased’s last habitual residence applies, unless the deceased has expressly chosen the law of their nationality to govern their succession.

Specific Bulgarian Laws and Treatment of Jurisdictional Conflicts

The Bulgarian Code of Private International Law contains specific provisions concerning international successions. It stipulates, in particular, that Bulgarian courts have jurisdiction to rule on a succession if the deceased had their last habitual residence in Bulgaria or was a Bulgarian national.

In the event of a jurisdictional conflict, Bulgarian courts apply the rules of the European Succession Regulation to determine their competence. If the deceased did not have their last habitual residence in Bulgaria but owned immovable property within Bulgarian territory, Bulgarian courts may declare themselves competent to rule on those specific assets.

International Treaties and Agreements

In addition to the European Succession Regulation, Bulgaria is a party to several bilateral mutual legal assistance treaties that contain provisions relating to international successions. These agreements, concluded notably with Russia, Ukraine, and Turkey, may provide specific rules that deviate from the general regime of the European Regulation.

Bulgaria has also ratified the Hague Convention of 5 October 1961 on the Conflicts of Laws Relating to the Form of Testamentary Dispositions, which facilitates the recognition of wills made abroad.

Recent Case Law and Practical Application

A recent ruling by the Bulgarian Supreme Court of Cassation illustrates the practical application of these principles. In this case, the Court confirmed the jurisdiction of Bulgarian courts to rule on the succession of a Bulgarian national who died in Germany, on the grounds that the deceased had maintained close ties with Bulgaria and owned immovable property there.

Another notable case concerns the application of the Bulgarian forced heirship reserve in the context of an international succession. The Sofia Court of Appeals ruled that the forced heirship reserve, considered a principle of public policy in Bulgarian law, must apply even when the foreign law applicable to the succession did not provide for such a mechanism.

Current Challenges and Controversies

One of the main challenges facing Bulgarian international inheritance law concerns the determination of the deceased’s habitual residence, particularly in cases where the deceased split their time between several countries. Bulgarian courts have had to develop nuanced case law to assess the deceased’s closest ties to a given country.

Another controversial issue concerns the application of the Bulgarian forced heirship reserve in the context of international successions. Some legal experts believe that its systematic application could run counter to the spirit of the European Succession Regulation, which aims to ensure predictability and respect for the deceased’s wishes.

Prospects for Legislative Evolution

The Bulgarian legislature is currently considering a reform of the Civil Code to better align it with European practices regarding international successions. A draft law notably proposes introducing the possibility of concluding inheritance agreements, currently prohibited under Bulgarian law, to facilitate estate planning in an international context.

Furthermore, discussions are underway to modernize the rules concerning the form of wills, particularly to recognize the validity of electronic wills, an issue that is gaining importance in the context of cross-border successions.

Conflict of Laws in International Successions: The Bulgarian Case

The Legal Framework for International Successions in Bulgaria

In Bulgaria, international successions are governed by a complex legal framework that combines national and European law. Since August 17, 2015, Regulation (EU) No. 650/2012, known as the Succession Regulation, applies to all cross-border successions involving Bulgaria and other European Union member states. This regulation has significantly altered the Bulgarian approach to conflicts of laws in succession matters.

Before the Succession Regulation came into force, Bulgarian law applied the principle of scission, whereby the succession of movable property was governed by the law of the deceased’s last domicile, while the succession of immovable property was subject to the law of the place where those assets were located. The Succession Regulation introduced a principle of unity of the succession, under which a single law applies to the entire estate, regardless of the nature and location of the assets.

Determination of the Applicable Law

According to the Succession Regulation, the law applicable to the entire succession is, in principle, that of the state in which the deceased had their habitual residence at the time of death. However, the regulation allows the testator to choose as the law applicable to their succession the law of the state whose nationality they possess at the time of making the choice or at the time of death. This possibility of choosing the law offers greater flexibility in estate planning.

In the absence of a choice, Bulgarian courts must determine the deceased’s habitual residence, which can be complex in some cases. For example, in a recent case, the Bulgarian Supreme Court of Cassation had to examine the situation of a Bulgarian national who died in Germany, where he had been working for several years, but who had maintained close ties with Bulgaria. The Court ultimately concluded that his habitual residence was in Germany, thus applying German law to his succession.

Practical Challenges and Solutions

The application of the Succession Regulation poses several practical challenges for Bulgarian legal professionals. One of the main obstacles is the need to know and apply foreign laws, which can be complex and time-consuming. To overcome this difficulty, many Bulgarian practitioners resort to international cooperation, collaborating with foreign colleagues or using the European Judicial Network in civil and commercial matters.

Another challenge concerns the coordination between the Succession Regulation and the bilateral conventions that Bulgaria has concluded with third countries. In some cases, these conventions may provide rules different from those of the Regulation, thus creating conflicts of norms. Bulgarian courts must then determine which rule prevails, which can generate a degree of legal uncertainty.

To improve the management of international successions, the Bulgarian Ministry of Justice has implemented specific training for judges and notaries. These trainings aim to strengthen their skills in private international law and familiarize them with the tools of European judicial cooperation.

Illustrative Case Law

Bulgarian case law on international successions has developed considerably since the entry into force of the Succession Regulation. In a recent case, the Sofia Court of Appeals had to rule on the validity of a will made by a British citizen residing in Bulgaria. The Court applied Bulgarian law, considering that the deceased had their habitual residence in Bulgaria, despite their frequent stays in the United Kingdom.

In another case, the Varna District Court faced a conflict between the Succession Regulation and a bilateral convention with Russia concerning the succession of a Russian national owning property in Bulgaria. The court ultimately gave priority to the bilateral convention, highlighting the complexity of interactions between different sources of private international law.

These examples illustrate the diversity of situations faced by Bulgarian courts and the need for a nuanced approach in applying conflict of laws rules in succession matters.

Challenges for Expats Facing Inheritance in Bulgaria

The Challenges of Managing an Inheritance in Bulgaria for Expats

Expats in Bulgaria face numerous challenges when it comes to managing an inheritance in this country. The complexity of Bulgarian inheritance laws, combined with differences from the legal systems of the expats’ home countries, can create delicate situations.

Conflicts of Laws and Application of Law

One of the main challenges lies in potential conflicts between Bulgarian laws and those of the expat’s home country. Bulgaria generally applies the law of the deceased’s last country of residence to govern the succession, which can conflict with the expectations of heirs based on their national law. For example, the distribution of assets under Bulgarian law can differ significantly from that provided for under French or German law.

Tax Complexities

Inheritance taxation constitutes another major challenge. Expats may find themselves facing double taxation if their home country and Bulgaria both claim inheritance tax on the same assets. Although Bulgaria has relatively low inheritance tax rates, especially for direct heirs who are exempt, the situation can quickly become complicated for estates involving assets in multiple countries.

Recognition of Wills

The validity and recognition of foreign wills in Bulgaria can be problematic. Bulgarian authorities may require that wills made abroad be translated, certified, and sometimes even validated by a local court, which can significantly lengthen probate procedures.

Administrative and Judicial Procedures

Expats often have to navigate a maze of administrative procedures to assert their inheritance rights in Bulgaria. This can include obtaining Bulgarian death certificates, translating and legalizing numerous documents, as well as judicial proceedings for the recognition of inheritance rights.

Practical Tips for Overcoming These Challenges

To better manage these complexities, expats in Bulgaria should:

• Consult a lawyer specializing in international inheritance law upon their arrival in Bulgaria
• Draft a clear will, specifying the desired applicable law for their succession
• Keep a detailed inventory of their assets, both in Bulgaria and in their home country
• Inquire about existing tax treaties between Bulgaria and their home country to avoid double taxation
• Consider creating legal structures, such as trusts or foundations, to facilitate the transfer of assets

By anticipating these challenges and taking proactive measures, expats can significantly simplify the management of their inheritance in Bulgaria and ensure a smoother transfer of their assets.