1) The core idea: heirs don’t all “need to sign an SPA”—they need to participate (or be properly represented)

In Philippine practice, what is typically required for an inherited real property transaction is not that all heirs sign a Special Power of Attorney (SPA), but that:

All persons who own or are entitled to the rights being transferred (usually the heirs, and sometimes also the surviving spouse/co-owner) either
- personally sign the relevant documents, or
- are validly represented by someone who holds a proper written authority, and for acts of ownership over real property, a “special” authority; and
The transaction is aligned with succession, co-ownership, estate settlement, and land registration requirements (because buyers and Registries of Deeds generally require a “clean chain” from the deceased owner to the transferee).

So the more precise legal question is:

To transfer inherited land/condo/house validly and registrably, do all heirs need to sign the deed(s), or can one heir sign for others through an SPA?

Answer: All heirs generally must participate in transferring the entire property—either by signing or by authorizing someone through an SPA (or through a court order/guardianship/administration where applicable). But if the transaction involves only one heir’s undivided share, only that heir’s participation is needed—with important limitations and risks.

2) Why heirs matter: ownership shifts at death, but title and registration are another story

A) Rights pass at death

Under the Civil Code, successional rights are transmitted from the moment of death. In practical terms, the heirs become owners of the decedent’s estate by operation of law (subject to debts, taxes, and settlement).

B) Before partition, heirs commonly hold as co-owners

Until the estate is settled and the property is partitioned, heirs generally hold the inherited property in co-ownership. Co-ownership rules matter because:

To sell or encumber the entire property, you generally need the consent/signature of all co-owners (or lawful authority to represent them).
A co-owner may sell only his/her undivided share (ideal or aliquot share), but cannot sell a specific physical portion unless partition already occurred.

C) A buyer usually wants registrable ownership, not just “rights”

Even if heirs already own the property in substance, the Transfer Certificate of Title (TCT)/Condominium Certificate of Title (CCT) may still be in the decedent’s name. Registering a transfer commonly requires:

Estate settlement documents (extrajudicial or judicial)
Tax clearances and eCAR (BIR)
Notarized registrable deeds (Register of Deeds)

This is why “who must sign” is often driven by both substantive law (ownership/authority) and registration/tax compliance (registrability).

3) When do all heirs need to sign (or authorize) in a property transaction?

Scenario 1: Selling the entire inherited property (the common real-world case)

If the intent is to sell 100% of the property that belonged to the deceased—so the buyer becomes sole owner—then all heirs who inherited an interest generally must:

Sign the deed of sale and the estate settlement instrument, or
issue an SPA authorizing a representative to sign on their behalf.

This is why many transactions use a combined instrument like:

Deed of Extrajudicial Settlement of Estate with Sale, or
Extrajudicial Settlement + separate Deed of Absolute Sale, with consistent signatories.

If one heir does not sign and does not authorize, the transaction typically cannot validly convey the entire property as against that non-participating heir’s share.

Scenario 2: Partition/settlement that results in transfer of title to heirs

Even without an immediate sale, extrajudicial settlement (or judicial settlement) that transfers the title from the decedent to the heirs typically requires:

participation of all heirs (or lawful representation), because settlement/partition determines and transfers hereditary rights.

Scenario 3: Mortgage or other encumbrance of the entire inherited property

A mortgage is an act of strict dominion. To mortgage the entire inherited property, the usual rule is the same as selling:

All heirs/co-owners must sign or be represented with special authority.

4) When not all heirs need to participate

Scenario 4: One heir sells only his/her undivided share (hereditary rights)

A co-owner (including an heir in co-ownership before partition) may generally sell or assign only his/her undivided share.

Key consequences:

The buyer typically becomes a co-owner with the remaining heirs (not sole owner).
The sale does not identify a specific room/lot portion; it covers only the seller’s ideal share.
Under the Civil Code, co-heirs may have a right of redemption when hereditary rights are sold to a stranger before partition, exercisable within a short period from proper notice (a major risk for buyers).
Registering this cleanly is difficult if the title remains in the decedent’s name and the estate is unsettled; at best, the buyer often ends up with “rights” that still require further settlement/partition.

In this scenario, only the selling heir signs; the other heirs are not required to sign or issue an SPA—because their shares are not being sold. But the buyer is not getting full ownership.

Scenario 5: After partition and separate titling

If the estate has already been settled and partitioned and the property (or portions) are titled in the individual heir’s name, then that heir may sell his/her titled property without other heirs’ signatures.

(Separate issue: if the property is part of a marital property regime, spousal consent may be required depending on the situation and how the property is classified.)

5) What an SPA is—and why it’s critical for real property transactions

A) SPA vs General Power of Attorney

An SPA is a written authority that grants the agent power to do specific acts. For real property transactions, it’s used because the Civil Code requires special authority for acts of strict dominion.

B) Legal basis: written and special authority for sale/encumbrance

Philippine law on agency generally requires:

Authority to sell land through an agent must be in writing (Civil Code rule on sale of land by an agent).
For acts of strict dominion—like selling, mortgaging, or otherwise disposing of immovable property—special authority is required (commonly associated with the Civil Code’s enumeration of acts needing special power).

In practice and jurisprudence, SPAs are strictly construed:

A vague statement like “to manage my properties” is usually not enough for a sale.
The SPA should clearly authorize sale/encumbrance, identify the specific property, and often the terms or at least grant authority to negotiate and sign.

C) “Do all heirs need to sign an SPA?”

Only heirs who will not personally sign but whose rights are being affected need to issue an SPA (or be represented by lawful authority). If an heir will personally appear and sign, no SPA is needed for that heir.

So, in a full sale of inherited property:

Either all heirs sign the deed(s),
or some sign and the others issue SPAs to authorize the signatory/representative.

6) Formalities and practical requirements for a valid SPA (Philippine practice)

A) Written form and notarization

For land transactions, the SPA is typically required to be:

In writing, and
Notarized (to be accepted by banks, buyers, and registries; and because the resulting deed will be notarized and registrable).

B) Specificity: property and authority

A robust SPA usually includes:

Full names, citizenship, civil status, and addresses of principal and attorney-in-fact
Clear grant of authority to sell/mortgage/encumber (as applicable)
Property description (TCT/CCT number, location, technical description or lot/unit details)
Authority to sign specific documents (Deed of Sale, EJS with Sale, tax forms, BIR/LGU documents, RD forms)
Authority to receive proceeds (if intended) and issue receipts
Authority to appear before BIR, LGU, Register of Deeds, banks, etc.

If proceeds-handling is sensitive, the SPA can limit authority:

“to sign documents only; proceeds to be received by principals directly,” etc.

C) Execution abroad

For heirs abroad, the SPA typically must be:

notarized under the local system and then authenticated appropriately for use in the Philippines (commonly via Apostille for Apostille Convention countries, or consular notarization/authentication depending on circumstances and local practice). Registries and counterparties often demand the apostilled/consularized original.

D) Common defects that cause rejection or disputes

SPA does not expressly authorize sale/mortgage
Wrong or missing title number / mismatched property identity
No authority to sign the estate settlement instrument when needed
No authority to receive or to submit documents to BIR/RD (transaction stalls)
SPA signed but not properly notarized/authenticated
Principal’s name differs from IDs/civil registry documents without explanation

7) Estate settlement documents and signatures: the usual package

A) Extrajudicial Settlement (EJS) under Rule 74

Extrajudicial settlement is commonly used when:

The decedent left no will, and
There are no outstanding debts (or they are settled), and
The heirs are all known, in agreement, and legally capable.

Typical requirements/steps (high level):

Public instrument (notarized deed) executed by heirs
Publication requirement (commonly once a week for three consecutive weeks in a newspaper of general circulation)
Payment of taxes (estate tax and related requirements), then registration with the Register of Deeds

Signatories: generally all heirs (or their authorized representatives via SPA), and often the surviving spouse if relevant.

B) Affidavit of Self-Adjudication (sole heir)

If there is truly only one heir, settlement can be done by self-adjudication. Only the sole heir signs, unless authorizing an agent via SPA.

C) EJS with Sale

Where the heirs want to sell directly to a buyer without first transferring title into their names, a common instrument is EJS with Sale, where:

Heirs settle the estate among themselves, and
Immediately convey the property to the buyer in the same document.

Signatories: all heirs (or their authorized representatives) because the deed effectively both settles and sells.

8) Special situations that change the “who signs” analysis

A) Minor heirs

Minors cannot validly dispose of property rights on their own. Transactions involving a minor heir’s share may require:

Representation by a legal guardian, and often
Court authority/approval for sale or encumbrance of the minor’s property interest.

A simple SPA signed by a parent is often not enough to safely convey a minor’s hereditary rights in a sale of real property.

B) Incapacitated heirs

If an heir is judicially incapacitated, representation must comply with guardianship rules and may require court approval depending on the act.

C) Missing, unknown, or uncooperative heirs

If an heir cannot be located or refuses to cooperate, a clean sale of the entire property usually cannot proceed via EJS. Options often shift to:

Judicial settlement of estate,
Action for partition, or
Sale of only participating heirs’ undivided shares (with all the downsides).

D) An heir has died (before settlement)

If an heir dies before the property is settled/partitioned, that heir’s share passes to that heir’s own heirs (by representation/succession rules), meaning:

Additional parties may now need to sign (or authorize), and
Sometimes a “double settlement” problem arises (settle the original decedent’s estate and the deceased heir’s estate).

E) The property was conjugal/community property

If the decedent was married and the property formed part of the spouses’ property regime:

The surviving spouse typically owns his/her share outright.
Only the decedent’s share is transmitted to heirs. For a full sale, you may need:
Surviving spouse’s signature (for his/her share),
Heirs’ signatures (for decedent’s share),
Plus appropriate settlement documentation.

9) What happens if not all heirs sign (and no valid authority exists)?

A) The buyer may receive only what the signatories can legally convey

If only some heirs sign a deed purporting to sell the entire property:

The deed cannot reliably bind the non-signing heir’s share.
The buyer’s ownership may be partial, contested, or reduced to co-ownership.

B) Registration problems

The Register of Deeds, banks, and prudent buyers often reject documents where:

Not all heirs appear in settlement documents, or
An heir’s representation is not properly documented (SPA/guardianship/court order), or
There are inconsistencies in civil registry records.

C) Litigation risks

Non-signing heirs may sue to:

Annul/declare ineffective the deed as to their shares,
Partition the property,
Claim proceeds, damages, or reconveyance.

10) Practical “who signs what” guide (quick matrix)

A) If the title is still in the decedent’s name and you want to sell the entire property

Needed: estate settlement + deed of sale (often combined)

Who signs:

All heirs and often the surviving spouse, or
A representative signs for them, backed by SPAs (and court authority where required for minors/incapacitated)

B) If one heir sells only his/her undivided hereditary share

Needed: deed of assignment/sale of hereditary rights (and later settlement/partition)

Who signs:

Only the selling heir (or agent with SPA)

But: buyer becomes co-owner; co-heirs’ redemption rights and settlement/registration issues are significant.

C) If the estate is already settled and the property is titled to heirs as co-owners

To sell entire property: all co-owners sign or authorize via SPA To sell only one share: only that co-owner signs (buyer becomes co-owner)

D) If the estate is settled and the property/portion is already titled solely to one heir

Only that heir signs (subject to marital property rules, liens, and other constraints).

11) What a “good” SPA for heirs usually covers (content checklist)

To reduce rejection and disputes, an SPA for an heir participating in an inherited property sale commonly states authority to:

Represent the principal-heir in settling the estate of the decedent
Sign:
- Deed of Extrajudicial Settlement (or EJS with Sale)
- Deed of Absolute Sale (or other conveyance)
- Tax declarations/transfer documents
Process requirements with:
- BIR (estate tax, eCAR, filings)
- LGU (transfer tax, local clearances)
- Register of Deeds (registration, issuance of new title)
Receive proceeds (only if intended), and sign receipts
Provide specific property identifiers (TCT/CCT number, location)

Limitations may be included (price floor, required approval before receiving funds, authority to sign but not to receive proceeds, etc.).

12) Bottom line

All heirs do not automatically need to sign an SPA.
For a transaction that aims to transfer the entire inherited property, all heirs generally must participate—either by personally signing the settlement/sale documents or by being properly represented through an SPA (or other lawful authority such as guardianship/court orders in special cases).
If the transaction is only for one heir’s undivided share, only that heir’s signature (or SPA-based representation) is required—but the buyer typically acquires only co-ownership/hereditary rights, with major practical and legal implications.