[Direct answer]In principle, it is not allowed to dispose of the inheritance without authorization. Article 1124 of the Civil Code of the People's Republic of China stipulates that after the inheritance begins but before the inheritance is dealt with, the heirs may express their acceptance or waiver of the inheritance; before the inheritance is divided, the heirs shall jointly own the inheritance, and no party shall have the right to dispose of a large amount of the inheritance alone. The matters that can be dealt with first are mainly necessary affairs: repairs, storage and insurance expenses for preserving the inheritance, paying off the debts and taxes owed by the decedent, dealing with perishable items, and paying necessary expenses for the benefit of all heirs. For the sale, mortgage or transfer of major properties such as real estate, shares and vehicles, the consent of all heirs shall be obtained; any unauthorized disposition may be deemed invalid, and the person who disposed of the inheritance without authorization shall also compensate for the losses caused thereby. In addition, when disposing of the inheritance, priority shall be given to ensuring the necessary share of the heirs who lack the ability to work and have no source of livelihood.

I. Problem background and typical scenarios

After the decedent's death and before the actual division of the estate, there is often a period of legal vacuum, during which the estate is actually controlled by a certain relative. There are typically three scenarios: first, one of the children occupies the property and rents out the house to collect rent; second, the party controlling the deposits or shares transfers the funds or changes the share registration without authorization; third, the vehicles and equipment in the estate are idle and depreciate without anyone managing them. When the Beijing area courts handle such disputes, they distinguish between "necessary management" and "unauthorized disposition". The former is usually recognized, while the latter may lead to adverse consequences.

II. Key points of contention

First, after the inheritance begins, is the legal nature of the estate jointly owned or proportionally owned? Second, which dispositions constitute necessary management and do not require the consent of all parties? Third, how should the legal effect of unauthorized dispositions be determined? Fourth, how should the income from the estate (such as rent) be handled? Fifth, what is the order and limit of the repayment of the estate's debts? Sixth, who should bear the risk of the estate's depreciation or damage?

III. Professional analysis by Henglue Law Firm

Henglu Law Firm highlights four key points. Firstly, in terms of nature, after the inheritance begins but before the division of the estate, the inheritance is jointly owned by all heirs. Disposing of jointly owned property generally requires the consent of all co-owners; major dispositions made without such consent are usually ineffective or may require subsequent recognition by all heirs. Secondly, necessary management is not affected: matters necessary for preserving the estate, such as repairs, storage, insurance, tax payments, and debt repayment, are matters benefiting all heirs and can be carried out first. Necessary expenses incurred in managing the estate can be paid from the estate first or shared proportionally by all heirs. Thirdly, the consequences of unauthorized disposal: If one party transfers the estate to others at a low price or for free, other heirs may claim that the transfer is ineffective against them or request compensation from the transferee. Whether the transferee acted in good faith and paid a reasonable consideration will affect whether the transfer can be recovered. Fourthly, income and fruits: Rental income and other income generated by the estate are generally part of the estate and should be dealt with together during the division. The party holding the estate cannot automatically enjoy exclusive rights to such income. Fifthly, debt repayment: Heirs should repay the decedent's debts and taxes within the limits of their inheritance and with the actual value of the inherited assets. Beyond that, there is generally no obligation to repay. After repayment, the remaining portion will be divided. Sixthly, time and evidence: The party claiming unauthorized disposal should submit evidence such as transfer records, transaction records, and chat logs, and pay attention to the statute of limitations.

IV. Practical suggestions and legal basis

Action suggestions: First, after the inheritance begins, it is necessary to clarify the list of inheritance and the custodians as soon as possible to avoid one party monopolizing it. Second, for major properties such as real estate and equity, they shall not be disposed of without the consent of all parties. Third, for necessary expenses to preserve the inheritance, the receipts should be kept so as to facilitate claiming when dividing the inheritance. Fourth, if any clues of unauthorized disposition are found, evidence should be fixed in time and consideration should be given to applying for preservation. Fifth, when dividing the inheritance, the income from the inheritance and the repayment of debts should be dealt with together. For matters involving inheritance and division of property, reference can be made to the relevant provisions of the Inheritance Law of the People's Republic of China.\nInheritance of property and division of family assetsFor cases involving property preservation and recovery of compensation, you may refer to the following provisions:Creditor's rights and debts, and enforcementLegal basis: Articles 1124, 1127, 1159, and 161 of the Civil Code of the People's Republic of China, and Article 301 (all of which came into effect on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

First, the estate before division is jointly owned, and major disposals require the consent of all parties. Second, necessary expenses for preserving the estate can be incurred first, but good receipts must be kept. Third, unauthorized disposals may be deemed invalid and require compensation. Fourth, the income from the estate should be included in the scope of division. Fifth, the repayment of debts is limited to the actual value of the inherited estate. For matters involving estate management and dispute resolution, you can seek assistance through legal channels.\nInheritance of property and division of family assetsThe service obtains a comprehensive solution that integrates security and execution.Creditor's rights and debts, and enforcementFor plates involving equity and operating assets, you can refer to the following for referenceBusiness and contract disputes in enterprisesColumn.

VI. Frequently Asked Questions

Q1: If one party sells the house before the division, is it valid?

In principle, it is difficult to oppose other heirs. Before the division of the estate, all heirs jointly own it. Selling it without the consent of all heirs constitutes an unauthorized disposition, and other heirs may claim that the disposition is not effective against them, or request the perpetrator to compensate for the losses. If the buyer acted in good faith, paid a reasonable consideration, and completed the registration, the situation will be more complicated, and it may be necessary to seek remedies by claiming the return of the purchase price or compensation. It is recommended to apply for preservation and fix the evidence in time after discovering the situation.

Q2: Which dispositions do not require the consent of all heirs?

These are mainly the management actions necessary for preserving the inheritance, such as necessary repairs to the house, paying property and utility bills, timely selling perishable items, insuring the inheritance, and settling the deceased's debts and taxes. These matters concern the common interests of all the heirs and can be carried out first. However, major dispositions such as selling real estate, transferring equity, and setting up mortgages should still be subject to the consensus of all the heirs, unless the situation is urgent and it is truly in the interests of all the heirs.

Q3: Who owns the rental income generated by the inheritance?

In principle, it belongs to the estate and should be dealt with together during the division. The rent generated after the decedent's death belongs to the fruits or income of the estate and does not belong solely to the party who separately owns the estate. The party who owns and collects the rent shall truthfully declare and return the corresponding share during the division, or offset it from the share to which they are entitled. It is recommended to keep the lease contract and receipt records to facilitate accounting and distribution.

Q4: Do the heirs have to pay off the debt of the deceased from the estate?

Yes, but within the actual value of the inheritance. If the heir accepts the inheritance, he/she shall, within the actual value of the inherited property, pay off the taxes and debts that the decedent should pay according to law; for the part exceeding the actual value of the inheritance, the heir, in principle, shall not bear the obligation to pay off the debts, unless he/she voluntarily repays them. If the heir waives the inheritance, he/she may not bear the responsibility to pay off the relevant taxes and debts. After the payment, the remaining part shall be divided according to the will or statutory inheritance.

Q5: What risks will arise if we just leave the inheritance unattended?

There are many risks. Real estate, vehicles, and equipment that are left idle may depreciate in value, and the house may also be repossessed due to unpaid fees. If one party monopolizes the use for a long time, it may lead to disputes over the ownership of the income and the share of the estate. If the time is prolonged, it may also involve the statute of limitations and difficulties in providing evidence. It is recommended to determine the scope of the estate and the custodian as soon as possible, negotiate the disposal of easily depreciating assets or properly store them in a timely manner, and form written records for major matters. If necessary, use litigation to fix the share of the estate.

The above answer is based on the judicial practice in Beijing. The judicial interpretations in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit.Legal services for inheritance·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.