This is one of the most searched heirs property questions I see.
The short answer is: usually no.
Why One Heir Can’t Normally Sell Alone
When land is inherited by multiple heirs:
- Each heir owns a share, typically as tenants in common (TIC)
- No single heir has full authority
- All legal owners typically must sign
Selling without proper authority can invalidate a transaction.
Are There Exceptions?
Some situations differ:
- Joint tenancy with survivorship
- Court-appointed authority
- Partition actions (rare and complex)
Joint tenancy or joint tenancy with right of survivorship is explicitly stated in the deed to the property. The latter two are legal processes, and not simple workarounds.
Why Trying to Sell Alone Often Backfires
Attempting to sell without resolving ownership:
- Causes deals to collapse
- Creates legal risk
- Delays resolution
The cleanest path is clarifying ownership first.