Introduction

The sale of inherited property without the consent of all heirs is a common source of family disputes in the Philippines. It often happens when one heir, a surviving spouse, a sibling, or a relative sells land, a house, or other estate property as if he or she were the sole owner. Sometimes the buyer is aware that the property is inherited. Sometimes the buyer relies on a tax declaration, old title, deed of sale, special power of attorney, or verbal assurance that the seller has authority from the family.

The central legal issue is this: Can one heir validly sell inherited property without the consent of the other heirs?

The general answer is: an heir may sell only his or her own hereditary rights, share, or participation in the inheritance, but cannot validly sell the specific shares or ownership rights of the other heirs without their consent or authority. If the seller purports to sell the entire inherited property without authority from the co-heirs, the sale is generally valid only to the extent of the seller’s own share and ineffective as to the shares of the non-consenting heirs.

This article explains the legal effects, rights, remedies, risks, and practical steps involved when inherited property is sold without the consent of all heirs in the Philippines.

What Is Inherited Property?

Inherited property is property left by a deceased person and transmitted to his or her heirs by operation of law, will, or both. Upon death, the rights to succession are transmitted immediately to the heirs. This does not always mean that each heir automatically owns a specific physical portion of the property. Before partition, the heirs usually become co-owners of the estate or of the inherited property.

For example, if a parent dies leaving a parcel of land to five children, each child may have an ideal or undivided share in the property. Until the estate is settled and partitioned, no child can usually claim exclusive ownership over a specific portion, such as the front half, the back portion, or a particular room of the house, unless there has been a valid partition, agreement, adjudication, or court order.

Co-Ownership Among Heirs

When a person dies and leaves property to several heirs, the heirs commonly become co-owners. Co-ownership means that each heir owns an undivided share in the property. Each heir has rights, but those rights are limited by the equal or corresponding rights of the other co-heirs.

A co-owner may sell, assign, or mortgage his or her undivided share. However, a co-owner cannot sell the shares of the other co-owners without authority. The law protects the ownership rights of each heir.

Thus, if one heir sells the entire inherited property without consent from the others, the buyer does not automatically become the owner of the entire property. At most, the buyer may step into the shoes of the selling heir with respect to that heir’s share.

Can One Heir Sell Inherited Property Without the Consent of the Others?

An heir can sell what he or she owns. An heir cannot sell what belongs to others.

This means one heir may generally sell:

his or her hereditary rights;
his or her undivided share in the estate;
his or her share in a specific inherited property, if the share is determinable; or
his or her rights subject to settlement, partition, legitime, debts, taxes, and other claims.

However, one heir may not validly sell:

the entire inherited property as sole owner, if there are other heirs;
the shares of other heirs without written authority;
a specific portion of unpartitioned property as if already exclusively assigned to him or her;
property belonging to the estate without authority as administrator, executor, or authorized representative;
conjugal, community, or estate property without observing the rights of the surviving spouse and heirs.

Legal Effect of a Sale Without Consent of the Other Heirs

The legal effect depends on the facts.

Sale of the Seller-Heir’s Own Share

If the deed of sale clearly states that the seller is selling only his or her hereditary rights or undivided share, the sale may be valid. The buyer becomes a co-owner with the other heirs to the extent of the seller’s share. The buyer does not automatically acquire a specific physical portion unless partition later assigns such portion.

For example, if one of four heirs sells his one-fourth share in inherited land, the buyer may acquire that one-fourth undivided interest, subject to the estate settlement and rights of the other heirs.

Sale of the Entire Property by One Heir

If one heir sells the entire property without authority from the others, the sale is generally ineffective as to the non-consenting heirs. It may be valid only as to the selling heir’s share.

For example, if one child sells the entire inherited land of a deceased parent without the consent of four other siblings, the buyer may acquire only the seller’s share, not the shares of the siblings.

Sale by a Person Pretending to Be the Sole Heir

If the seller falsely represents that he or she is the only heir, the sale may give rise to civil liability, fraud, damages, cancellation of documents, or even criminal implications depending on the facts. The buyer’s good faith may affect remedies, but it does not necessarily defeat the ownership rights of the real heirs.

Sale Using a Forged Signature or Fake Authorization

If signatures of heirs are forged or a special power of attorney is falsified, the sale is void as to the heirs whose consent was forged. Forgery produces no valid consent. The heirs may seek cancellation of the deed, reconveyance, damages, and criminal prosecution for falsification or related offenses.

Sale Before Settlement of Estate

A sale before estate settlement is not automatically void. Heirs may sell hereditary rights even before formal partition. However, the buyer takes the risk that the estate may have debts, taxes, compulsory heirs, legitime issues, or partition results that affect what the seller can ultimately transfer.

Difference Between Selling Hereditary Rights and Selling a Specific Property

This distinction is important.

A sale of hereditary rights means the heir sells his or her share, interest, or participation in the inheritance. The buyer acquires whatever rights the selling heir has, subject to the outcome of estate settlement.

A sale of a specific inherited property means the seller claims to transfer ownership over a particular property. If the property is still co-owned and unpartitioned, one heir generally cannot sell the whole property without the consent of the others.

A buyer should therefore examine the wording of the deed. A deed saying “I sell my rights and participation in the estate of my deceased father” is different from a deed saying “I sell the entire parcel of land covered by TCT No. ___.”

Rights of Non-Consenting Heirs

Non-consenting heirs have several rights.

They may assert ownership over their shares. They may refuse to recognize the buyer as owner of the entire property. They may demand partition. They may seek cancellation or correction of title or tax declaration if the sale resulted in improper transfer. They may file an action for reconveyance, annulment, quieting of title, recovery of possession, damages, or injunction, depending on the circumstances.

If the buyer has taken possession of the entire property, the non-consenting heirs may demand restoration of possession or accounting for rentals, fruits, income, or use of the property.

If fraud, forgery, or falsification was involved, the heirs may also consider criminal remedies.

Remedies Available to the Non-Consenting Heirs

1. Written Demand

The first step is often a written demand. The heirs may send a demand letter to the seller and buyer stating that the sale was unauthorized and that the non-consenting heirs do not recognize the sale of their shares.

The demand may request cancellation of the transaction, recognition of the heirs’ shares, accounting of income, surrender of possession, or settlement through partition.

2. Adverse Claim or Notice on Title

If the property is titled land, the heirs may consider registering an adverse claim or other appropriate notice with the Registry of Deeds, depending on the available documents and legal basis. This helps warn third parties that ownership is disputed.

The availability and form of registration depend on the title status, documents, and nature of the claim.

3. Extrajudicial Settlement or Judicial Settlement

If the estate has not yet been settled, the heirs may proceed with estate settlement. If all heirs agree, they may execute an extrajudicial settlement. If there is disagreement, missing heirs, minors, disputes, debts, or conflicting claims, judicial settlement may be necessary.

Estate settlement clarifies who the heirs are, what properties belong to the estate, and how the properties or proceeds should be distributed.

4. Partition

An heir or co-owner may demand partition. Partition may be voluntary, through agreement among co-owners, or judicial, through a court action.

If the property can be physically divided, each heir may receive a portion. If it cannot be divided without prejudice, it may be assigned to one or more heirs with payment to the others, or sold and the proceeds divided.

5. Action for Annulment or Declaration of Nullity of Sale

If the deed of sale was executed without the consent of the true owners, affected heirs may file an action questioning the sale. The precise action depends on the defect. If the seller had no authority over the shares sold, the sale may be ineffective as to those shares. If consent was forged, there may be no valid contract as to the forged parties.

6. Reconveyance

If title was transferred to the buyer or another person through an unauthorized sale, the heirs may seek reconveyance of their shares. Reconveyance asks that the property or portion belonging to the heirs be returned or recognized in their favor.

7. Quieting of Title

If the unauthorized sale creates a cloud on the heirs’ title or ownership rights, the heirs may file an action to quiet title. This remedy seeks to remove doubts, adverse claims, or invalid documents affecting the property.

8. Recovery of Possession

If the buyer or seller excludes the other heirs from the property, the heirs may pursue the appropriate action to recover possession. The type of action depends on how possession was lost, the period involved, and whether the issue is physical possession or ownership.

9. Injunction

If the buyer or seller is about to demolish structures, sell the property again, build on the land, cut trees, eject occupants, or otherwise alter the property, the heirs may seek injunctive relief from the court.

10. Damages

If the unauthorized sale caused loss, expenses, deprivation of use, or bad-faith conduct, the heirs may claim damages. Damages may be sought against the seller, buyer, or other responsible parties depending on participation, knowledge, and bad faith.

11. Criminal Complaint

If the transaction involved falsification, forged signatures, fake documents, fraudulent misrepresentation, estafa, or identity fraud, the heirs may consider filing a criminal complaint. Criminal liability depends on evidence and intent.

Rights of the Buyer

A buyer from one heir is not always without rights. If the buyer paid value and the selling heir truly owned a share, the buyer may acquire that heir’s undivided share. The buyer may become a co-owner with the other heirs.

However, the buyer cannot acquire more rights than the seller had. If the seller owned only one-fifth, the buyer generally acquires only one-fifth. If the seller had no authority from the other heirs, the buyer cannot insist on owning the entire property merely because the deed described the whole property.

The buyer may have remedies against the seller for breach of warranty, misrepresentation, fraud, reimbursement, damages, or rescission if the seller falsely claimed authority or ownership.

Good Faith Buyer: Does Good Faith Protect the Buyer?

Good faith may protect a buyer in some circumstances, especially in registered land transactions where the buyer relied on a clean title in the seller’s name. However, good faith is not automatic. The buyer must exercise due diligence.

If the property is visibly occupied by other heirs, if the title is still in the name of the deceased, if the seller is only one of several known heirs, if the deed refers to inherited property, or if there are obvious facts requiring inquiry, the buyer may be charged with notice of possible co-ownership or defects.

A buyer dealing with inherited property should verify the death certificate, heirs, estate settlement documents, tax declarations, title, possession, marital status, authority to sell, and whether all heirs consented.

Good faith cannot cure a forged signature. It also cannot give a seller authority that he or she never had over the shares of other heirs.

If the Title Is Still in the Name of the Deceased

If the title remains in the name of the deceased owner, this is a major warning sign. A buyer should not assume that the person holding the owner’s duplicate title is authorized to sell. The seller must show legal authority, such as:

extrajudicial settlement signed by all heirs;
deed of partition;
special power of attorney from the heirs;
letters of administration or court authority, where applicable;
court order approving the sale, where required;
proof of payment of estate tax and transfer documents;
valid identification and civil registry documents proving heirship.

If the title is still under the deceased person’s name and only one heir signs the deed, the buyer takes a serious legal risk.

If the Tax Declaration Is in the Seller’s Name

A tax declaration is not the same as a Torrens title. It is evidence of a claim of possession or assessment for real property tax purposes, but it does not by itself prove absolute ownership.

If an heir managed to transfer the tax declaration to his or her name, that does not necessarily defeat the rights of the other heirs. Non-consenting heirs may still question the transfer and assert co-ownership.

If the Seller Is the Surviving Spouse

The surviving spouse may have rights over the property, but those rights depend on the property regime, whether the property is conjugal, community, exclusive, or inherited, and whether there are children or other heirs.

A surviving spouse cannot automatically sell the entire property if the deceased spouse’s share has passed to heirs. For example, if the property was conjugal, the surviving spouse may own his or her share in the conjugal property, while the deceased spouse’s share forms part of the estate. The children and spouse may inherit from the deceased spouse’s share.

Therefore, a sale by the surviving spouse alone may be valid only as to the spouse’s own share and ineffective as to the shares of the children or other heirs, unless there is proper authority.

If the Seller Is the Administrator or Executor

An estate administrator or executor does not automatically have unlimited power to sell estate property. Court approval may be required, especially in judicial settlement. The authority of the administrator depends on the appointment, estate proceedings, necessity of sale, court orders, and applicable rules.

A buyer should not rely merely on the title “administrator” or “executor.” The buyer should ask for the court order or legal document authorizing the specific sale.

If There Is an Extrajudicial Settlement With Sale

An extrajudicial settlement with sale is commonly used when all heirs agree to settle the estate and sell the property to a buyer. For validity and safety, all heirs must generally participate, unless some heirs are represented by valid authority.

If one heir signs an extrajudicial settlement with sale on behalf of others without a valid special power of attorney, the transaction may be challenged.

If an heir was omitted, concealed, abroad, incapacitated, a minor, or did not consent, the transaction may be vulnerable to attack.

If One Heir Sold the Property Many Years Ago

Delay can complicate the case. Prescription, laches, possession, registration, tax payments, and good-faith reliance may become issues. However, co-ownership has special rules, and possession by one co-owner may not automatically become adverse to the others unless there is clear repudiation of co-ownership made known to them.

If the title was transferred long ago, the heirs should promptly consult counsel to determine whether an action is still available.

Co-Owner’s Right of Redemption

When a co-owner sells his or her share to a stranger, other co-owners may have a legal right of redemption under certain conditions. This allows the other co-owners to buy back the share sold to the third person by reimbursing the buyer.

This remedy is time-sensitive and subject to legal requirements. The period generally starts from written notice of the sale. Because timing is critical, heirs who learn of a sale to an outsider should act immediately.

Sale of Undivided Share vs. Sale of Entire Property

The wording of the deed is critical.

If the deed says the seller sells “all my rights, interests, and participation” in the estate, this suggests a sale of the seller’s hereditary rights or undivided share.

If the deed says the seller sells “the entire parcel of land,” but the seller owns only a share, the sale may be effective only as to that share.

If the deed includes signatures of all heirs, the sale may transfer the entire property, assuming all other legal requirements are met.

If the deed includes forged signatures, the sale is vulnerable and may be void or ineffective as to those whose signatures were forged.

Effect on Land Registration and Title Transfer

If the sale was used to transfer title to the buyer, the non-consenting heirs may challenge the transfer. However, registered land issues can be technical. The heirs may need to file an action for reconveyance, cancellation of title, quieting of title, or damages.

The Register of Deeds generally relies on documents presented for registration. If documents appear valid on their face, registration may occur even if there are hidden defects. The remedy is usually through proper legal action.

Rights of Heirs in Possession

If some heirs are living on the inherited property, their possession is important. A buyer who purchases from only one heir cannot simply eject the other heirs without respecting their ownership and possessory rights.

Heirs in possession should not ignore notices, demands, barangay proceedings, or court papers. They should assert co-ownership and present documents proving heirship and non-consent.

Barangay Conciliation

Disputes among relatives or between parties residing in the same city or municipality may sometimes require barangay conciliation before filing certain court actions. However, cases involving title to real property, urgent injunctive relief, parties in different cities, or other exceptions may not always be covered.

Parties should determine whether barangay proceedings are required before going to court. Failure to comply with mandatory barangay conciliation may affect the filing of a case.

Documents Heirs Should Gather

Non-consenting heirs should gather:

death certificate of the deceased owner;
birth certificates proving relationship to the deceased;
marriage certificate of the deceased, if relevant;
land title or certified true copy of title;
tax declaration;
real property tax receipts;
deed of sale questioned by the heirs;
extrajudicial settlement, if any;
special power of attorney, if any;
proof of forgery or lack of consent;
proof of possession;
photos of the property;
communications with the buyer or selling heir;
barangay records, if any;
Registry of Deeds documents;
assessor’s records;
subdivision or survey plans;
affidavits of heirs and witnesses.

Practical Steps for Non-Consenting Heirs

The heirs should first confirm the exact status of the title. They should obtain a certified true copy from the Registry of Deeds and check whether the property is still in the name of the deceased, transferred to the selling heir, transferred to the buyer, or transferred again to another person.

Second, they should obtain copies of the deed of sale and related transfer documents. These may show who signed, what authority was claimed, and whether the deed purported to sell the whole property or only a share.

Third, the heirs should document their relationship to the deceased and their lack of consent.

Fourth, they should send a written demand to the seller and buyer.

Fifth, they should consider registering an adverse claim or taking other protective steps if the title is still active and the claim is registrable.

Sixth, they should evaluate whether to file a case for partition, reconveyance, annulment, quieting of title, injunction, damages, or criminal complaint.

Practical Steps for Buyers

A buyer should avoid buying inherited property unless all heirs consent or there is clear authority to sell. Before buying, the buyer should:

inspect the title;
verify whether the registered owner is alive;
require the death certificate if the owner is deceased;
identify all heirs;
require all heirs to sign or issue valid special powers of attorney;
check if estate tax has been settled;
confirm possession of the property;
ask whether anyone is occupying or claiming the land;
verify civil status and property regime;
check for pending cases, adverse claims, liens, or notices;
avoid relying only on tax declarations;
consult a lawyer before paying substantial money.

Buying from only one heir is risky unless the buyer clearly understands that he or she is buying only that heir’s undivided share.

Practical Steps for the Selling Heir

An heir who wants to sell inherited property should not sell more than he or she owns. The safer course is to:

identify all heirs;
settle the estate;
obtain consent from all heirs;
execute an extrajudicial settlement or partition where appropriate;
pay estate taxes and transfer requirements;
secure valid special powers of attorney from absent heirs;
disclose the true status of the property to the buyer;
avoid claiming sole ownership if there are co-heirs;
avoid signing for others without authority;
avoid using questionable documents.

A selling heir who misrepresents authority may face civil liability and possible criminal exposure.

Forgery and Falsification Issues

If a deed of sale, extrajudicial settlement, affidavit of self-adjudication, or special power of attorney contains forged signatures, the affected heirs should act immediately.

They may obtain specimen signatures, compare documents, request certified copies, and prepare affidavits. They may also file complaints for falsification, use of falsified documents, estafa, or other offenses if supported by evidence.

A notarized document is entitled to evidentiary weight, but notarization does not make a forged document valid. If notarization was irregular, the notary may also face administrative consequences.

Affidavit of Self-Adjudication by One Heir

An affidavit of self-adjudication is proper only when the person executing it is truly the sole heir. If there are other heirs and one heir falsely executes an affidavit of self-adjudication, the document may be challenged.

Other heirs may seek cancellation of the resulting title or transfer, reconveyance of their shares, damages, and possible criminal or administrative remedies.

If Some Heirs Are Abroad

Heirs abroad may participate through a properly executed and authenticated or apostilled special power of attorney, depending on the country and applicable requirements. Their absence does not mean their consent can be ignored.

A sale made without the consent of heirs abroad is vulnerable if their shares were included without authority.

If Some Heirs Are Minors

If an heir is a minor, additional safeguards apply. A parent or guardian may not always freely dispose of the minor’s property rights without court approval, especially where the sale affects the minor’s inheritance. Transactions involving minors’ shares should be handled carefully to avoid later invalidation.

If an Heir Is Missing or Unknown

If an heir is missing, unknown, or cannot be contacted, the other heirs should not simply proceed as if that heir does not exist. Proper legal procedures may be necessary. Concealing an heir or omitting an heir from settlement documents may expose the transaction to future challenge.

Effect of Waiver by an Heir

An heir may waive or renounce inheritance rights, but waiver must comply with legal requirements. A casual verbal waiver is risky and may not be enough. If a buyer or co-heir relies on a waiver, it should be in proper written form and executed with legal advice.

Sale by Majority of Heirs

The majority of heirs cannot automatically sell the shares of the minority. Ownership is not decided by majority vote. Even if most heirs agree to sell, a dissenting heir generally cannot be forced to sell his or her share without proper legal proceedings.

If the property cannot be conveniently divided and the heirs cannot agree, the remedy may be judicial partition, where the court may determine how the property should be divided, assigned, or sold.

When the Sale May Be Ratified

A non-consenting heir may later ratify or confirm the sale. Ratification may occur through a written document, acceptance of proceeds, signing of confirmatory deeds, or conduct clearly recognizing the transaction.

However, ratification should not be lightly assumed. There must be evidence that the heir knowingly and voluntarily accepted or approved the sale.

When the Sale May Be Considered Valid

A sale of inherited property may be valid if:

all heirs consented;
the seller was the sole heir;
the seller sold only his or her own hereditary rights;
the seller had a valid special power of attorney from the other heirs;
a duly authorized administrator or executor sold the property with required authority;
a court approved the sale where necessary;
the estate had been properly settled and the seller was already the registered owner;
the non-consenting heirs later validly ratified the sale.

When the Sale May Be Challenged

A sale may be challenged if:

one heir sold the entire property without authority;
some heirs did not sign;
signatures were forged;
a special power of attorney was fake or insufficient;
an heir was omitted from the extrajudicial settlement;
the seller falsely claimed to be the sole heir;
the title was transferred using false documents;
the buyer knew or should have known of other heirs;
minors’ shares were sold without proper authority;
the estate had not been settled and the seller misrepresented ownership.

Possible Defenses of the Buyer or Seller

The buyer or seller may raise defenses such as:

the seller sold only his or her share;
the other heirs consented verbally or in writing;
the heirs received part of the proceeds;
the heirs ratified the sale;
the claim is barred by prescription or laches;
the buyer was in good faith;
the property had already been partitioned;
the seller was the sole heir;
the buyer relied on a clean title;
the complaining party is not actually an heir;
the action was filed in the wrong forum or wrong form.

The strength of these defenses depends on the documents, possession, timing, and facts.

Civil, Criminal, and Administrative Consequences

The unauthorized sale of inherited property can lead to civil cases among heirs, buyers, and sellers. It may also lead to criminal complaints if fraud, falsification, or forged documents were used. If notarized documents were falsified or notarized without personal appearance, administrative complaints against the notary may also be considered.

The transaction may also cause tax problems, including unpaid estate tax, capital gains tax, documentary stamp tax, transfer tax, and real property tax issues.

Tax Considerations

Inherited property often cannot be properly transferred without addressing estate tax. A buyer should verify whether estate tax has been paid and whether the Bureau of Internal Revenue has issued the necessary documents for transfer.

A sale that bypasses estate settlement and tax compliance may create serious problems in title transfer. Even if a deed of sale exists, the buyer may be unable to transfer title if estate documents and taxes are incomplete.

Importance of Legal Counsel

Disputes involving inherited property can be legally complex because they involve succession, co-ownership, land registration, obligations and contracts, civil procedure, evidence, taxation, and sometimes criminal law.

Heirs and buyers should consult a lawyer before signing documents, paying money, filing cases, or making admissions. A poorly worded agreement can unintentionally waive rights or create new liabilities.

Sample Demand Letter by Non-Consenting Heirs

Subject: Demand to Recognize Heirs’ Rights and Cease Claim Over Entire Inherited Property

To: __________ Address: __________

We are heirs of the late __________, the registered/declared owner of the property located at __________ and covered by Title/Tax Declaration No. __________.

It has come to our attention that a Deed of Sale dated __________ was executed by __________ in favor of __________ purporting to sell the above property. We did not consent to the sale, did not authorize any person to sell our shares, and did not sign any deed, special power of attorney, or settlement document transferring our rights.

Please be informed that we do not recognize the sale insofar as it affects our hereditary shares and ownership rights. Any sale made by one heir without authority from the others is ineffective as to the shares of the non-consenting heirs.

Accordingly, we demand that you:

cease claiming ownership over our shares;
furnish us copies of all documents used in the alleged sale or transfer;
refrain from selling, mortgaging, leasing, fencing, constructing on, or otherwise disposing of the property;
account for any income, rentals, fruits, or benefits derived from the property; and
meet with us for proper settlement, partition, or legal resolution.

This letter is without prejudice to our right to file civil, criminal, administrative, and other appropriate actions for the protection of our rights.

Sincerely,

Sample Buyer’s Protection Clause

A buyer dealing with inherited property may require a warranty clause such as:

“The Sellers represent and warrant that they are all the lawful heirs of the deceased owner, that no other compulsory, legal, or testamentary heirs have been omitted, that they have full authority to sell the property, that no heir is a minor or legally incapacitated except as disclosed, that the property is free from undisclosed claims, and that the Sellers shall jointly and solidarily answer for any claim by omitted heirs, co-owners, creditors, or third persons arising from the sale.”

This clause does not replace due diligence, but it gives the buyer a contractual basis for remedies if the sellers lied or omitted heirs.

Conclusion

In the Philippines, inherited property commonly belongs to several heirs in co-ownership until the estate is settled and partitioned. One heir may sell his or her own hereditary rights or undivided share, but generally cannot sell the entire inherited property without the consent or authority of the other heirs.

A sale made without the consent of all heirs is usually valid only as to the selling heir’s share and ineffective as to the shares of non-consenting heirs. If forged signatures, false documents, omitted heirs, or fraudulent representations are involved, the transaction may be challenged through civil, criminal, and administrative remedies.

For heirs, the most important steps are to verify the title, obtain copies of the sale documents, document heirship and lack of consent, send a written demand, protect the title where possible, and pursue the proper legal remedy. For buyers, the safest rule is simple: do not buy inherited property unless all heirs sign, valid authority is shown, and the estate documents are complete.

Inherited property should never be treated casually. A sale made without proper consent can create years of litigation, family conflict, financial loss, and title problems. Proper settlement, full disclosure, and written authority from all heirs are the best protection for everyone involved.