My mother lived in Vienna, the house is in Bulgaria, my brother lives in Germany. Who has jurisdiction?
Your co-pilot in inheritance law
Mag. Nevena Shotekova-Zöchling
Attorney in Vienna · 16 years of legal practice · Inheritance law
The house is in Bulgaria. The decision is made in Vienna.
Two countries, one house
The mother, a Bulgarian citizen, has lived in Vienna for the last few decades. She leaves an account in Vienna and her family home in Bulgaria. The daughter lives in Vienna, the son in Germany.
The brother is quick. He travels to Bulgaria and starts sorting out the house there. His reasoning: the house is in Bulgaria, so Bulgaria applies. The sister only finds out later and wonders whether she now has to fight in two or even three countries.
The house is in Bulgaria. The decision is still made in Vienna.
Since 2015 the EU Succession Regulation has applied. It looks at one single point: where the deceased last had her habitual residence. That was Vienna. So the Austrian probate proceedings have jurisdiction over the entire estate, including the house in Bulgaria, and Austrian inheritance law applies. The fact that the brother lives in Germany changes nothing.
Instead of three proceedings there is one. In the end the siblings agree: the brother takes the house, the sister the account and a compensation payment. In Bulgaria the house is transferred to the brother using the European Certificate of Succession.
The lesson: it is not where the house is that counts, but where the person last lived.
What the law says
- One procedure for everything: under the EU Succession Regulation (Regulation No 650/2012), the courts of the state where the deceased last had their habitual residence have jurisdiction. This covers the entire estate, including real estate in other EU states.
- One law for everything: in principle, the inheritance law of that same state applies. If the mother lived in Vienna, Austrian inheritance law applies, including to the house in Bulgaria. This determines, for example, who inherits and how large the compulsory share is.
- Exception, choice of law: anyone can choose the law of their nationality in their will, for example Bulgarian law. Without such a choice, the law of the last residence applies.
- The heirs’ residence does not matter. Whether a child lives in Germany, Bulgaria or Canada does not change jurisdiction.
- European Certificate of Succession: it proves heirship in all EU states applying the Regulation and can be used, for example, to register a property in Bulgaria.
- Grey area, habitual residence: for people who commute between two countries, say summers in Bulgaria and winters in Vienna, this is often exactly what is disputed.
What you should do now
- Clarify where the last habitual residence was. Registration, doctor’s visits, pension, centre of life.
- Conduct the proceedings where they belong. Parallel proceedings in other countries cost time and money.
- Apply for the European Certificate of Succession if assets are located in another EU state.
- Check taxes and the land register locally. The Regulation governs inheritance law, not taxes.
An inheritance between Austria and Bulgaria?
We speak Bulgarian and know both systems. We clarify where the proceedings belong and conduct them. Initial assessment within 48 hours on working days; the first consultation is free of charge.
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