Short answer. All of you do, together. Article 1078 makes the whole estate owned in common by the heirs from the moment of death until it is actually partitioned. No single heir owns any specific property outright yet, and the estate remains subject to paying the deceased's debts before any division happens.
What the law says
Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the deceased.
Civil Code, Article 1078 — Co-Ownership Before Partition. Read the full provision →
Co-ownership begins automatically, not by agreement
You do not need a contract or a court order for co-ownership to exist among the heirs — it arises by operation of law the moment there is more than one heir. Where there are two or more heirs, the whole estate of the decedent is, before its partition, owned in common by such heirs, subject to the payment of debts of the deceased. That means from the instant your parent died, every heir already holds an undivided interest in the entire estate, not a claim to particular items that has to wait for a formal transfer.
No heir owns a specific property yet
Because the estate is owned in common, no single heir can point to one parcel of land or one bank account and call it exclusively theirs before partition, even if that is the property everyone expects them to eventually receive. Each heir's share is an undivided proportion of the whole estate, and it stays that way until the heirs partition the properties among themselves or a court does it for them. Until then, decisions about the property generally need the participation or consent of the co-owners, following the ordinary rules that govern any co-ownership.
Debts of the deceased come first
The co-ownership described in Article 1078 is expressly subject to the payment of debts of the deceased. That qualifier matters practically: the estate the heirs co-own is not automatically theirs to spend or dispose of freely, because creditors of the deceased may still have claims against it. Partition, and full enjoyment of what each heir is entitled to, properly comes after the estate's debts and charges have been settled, not before.
Why this affects what you can do right now
Practically, this means any heir dealing with estate property while it remains undivided is acting as a co-owner, not a sole owner, and needs to respect the interests of the others. Selling, mortgaging, or otherwise disposing of a specific piece of property without the other heirs' participation risks disputing someone else's undivided share in that same property. If the family wants clear, separate ownership of particular assets, partition — whether extrajudicial among the heirs or through the courts — is the step that actually converts the undivided co-ownership into individual title.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Spouses Benny and Normita Rol vs. Isabel Urdas Racho, G.R. No. 246096, January 13, 2021 — read the decision on LawPhil →
- Gregorio F. Averia, et al. vs. Domingo Averia, et al, G.R. No. 141877, August 13, 2004 — read the decision on LawPhil →
- Domiciano and Anselma Herezo vs. Ernesto Maquiling, G.R. No. 275978, April 23, 2025 — read the decision on LawPhil →
- Substituted Heirs of Jaime S.T. Valiente vs. Virginia A. Valiente, et al, G.R. No. 194897, November 13, 2023 — read the decision on LawPhil →