A will is the only way to decide for yourself who receives your property after your death. In Bulgaria that freedom has limits: children, a spouse and parents have a reserved share (запазена част) that a will cannot take from them. That matters to buyers too — a property received under a will can, years later, become the subject of a dispute with an heir who feels left out.
The Inheritance Act recognises two forms.
Handwritten (holographic) will — Art. 25. It must be written entirely by hand by the testator and carry a date and a signature. A typed text that is merely signed is not a valid handwritten will. It can be lodged with a notary in a sealed envelope for safekeeping.
Notarial will — Art. 24. The notary draws it up in the presence of two witnesses, according to the wishes the testator states. It is signed by the testator, the witnesses and the notary, and kept by the notary.
| Handwritten | Notarial | |
|---|---|---|
| Cost | next to nothing | notary fee |
| Confidentiality | complete | known to the notary and witnesses |
| Risk of loss or destruction | high if kept at home | low |
| Risk of challenge (handwriting, date, formal defects) | higher | lower |
In our experience, where a property is the family's main asset, a notarial will is almost always worth the fee. A dispute over whether a handwriting is genuine can take years and cost far more.
A handwritten will must be announced (formally opened) by a notary — whoever holds it must ask for this as soon as they learn of the death (Art. 27). The notary draws up a record, and copies of announced wills concerning real estate are entered in the Property Register. Only then can the will be relied on before a notary in a sale. Which other documents an inherited property needs is covered in our legal checks before buying.
The reserved share is the part of the estate the law guarantees to the closest relatives. The rest is the disposable share — the only part the testator can leave freely.
| Who survives the deceased | Reserved share |
|---|---|
| One child (or their descendants) | 1/2 of the estate |
| Two or more children | 2/3 in total for the children |
| A spouse inheriting alone | 1/2 |
| A spouse together with parents | 1/3 for the spouse |
| Parents (or the surviving parent) | 1/3 |
When a spouse inherits alongside children, the spouse also has a reserved share equal to that of each child. Brothers, sisters and other relatives have no reserved share — a will can exclude them completely.
Bulgarian law has no "disinheritance" at the testator's discretion. A child cannot be excluded from the reserved share because a parent is angry with them. The law only recognises serious cases of unworthiness (for example, intentionally killing the deceased), which have to be established in court.
Example. A father with two children leaves his only flat to the elder one. The children's reserved share is 2/3 — 1/3 each — and the disposable share is 1/3. The will is valid, but the younger child may ask for it to be reduced until their own 1/3 is restored. The result: the elder child ends up with 2/3 of the flat, the younger with 1/3.
Gifts made during the deceased's lifetime are taken into account in the calculation. If the father had given another property to one of the children, the numbers change.
An heir whose reserved share has been infringed can bring a reduction claim against testamentary dispositions and gifts (Art. 30). Key points:
You are buying a flat that the seller inherited under a will. What to watch:
1. Is the handwritten will genuine? Forged handwritten wills are among the most common property-fraud schemes — which is why the Ministry of Justice proposed changes in August 2026, described in our article on the draft package against property fraud. Check when and by which notary the will was announced, and whether it was registered.
2. Who are the legal heirs? Ask for the certificate of heirs. If the deceased had children or a spouse who were not left the property, they have a reserved share and can bring a claim.
3. How much time has passed? The shorter the time since the death and the announcement, the more real the risk of a claim. Search the Property Register for registered statements of claim against the property and the seller.
4. The safest route. Where there are heirs with a reserved share, the cleanest solution is for them to join the sale as sellers or to confirm before a notary that they have no claims. If the heirs co-own the property, see also our guide to co-owned and inherited property.
5. Your protection as a buyer. Whether, and how far, a reduction claim can reach you depends on when the claim was registered relative to your purchase and on how the seller acquired the property. That calls for a legal review of the specific case, not a general rule.
If you are buying or selling a property received under a will, or want to put your own estate in order, call us or come into the office. We will go through the documents with you and tell you what the risks are in your specific case.
This is general information, not legal advice for a specific case. Verified as of October 2026.
