California Probate Guide

Full Authority Probate (IAEA)

A streamlined probate process that grants the personal representative broad powers to act without court supervision—meaning faster closings and fewer complications.

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What is Full Authority in California Probate?

Under California's Independent Administration of Estates Act (IAEA), a personal representative may be granted "full authority" to manage the estate—including selling real property—without requiring court confirmation for each action.

Full Authority
          Independent Administration (IAEA)
          
              No court confirmation required
            
              Not bound by 90% appraisal minimum
            
              Can accept offers immediately
            
              Only 3% deposit required
            
              No overbid auction process
            
              Faster closing timeline

Limited Authority

Court Supervised Sales

Court confirmation required
Must sell at 90%+ of appraisal
Must wait for referee appraisal
10% deposit required
Subject to overbid at hearing
60-90 days added to timeline

Key Benefits of Full Authority

Full authority probate offers significant advantages for executors and administrators selling estate property.

Faster Closings

No waiting for court dates or referee appraisals. Accept offers and close on your timeline.

Price Flexibility

Not bound by the 90% appraisal requirement. Price based on market conditions and buyer interest.

Lower Deposit

Buyers only need 3% earnest money deposit instead of the 10% required for court-confirmed sales.

How Full Authority Probate Sales Work

Once the court grants full authority, the sales process becomes much more straightforward.

Court Issues Order for Probate & Letters

Once the Order for Probate and Letters (Testamentary or of Administration) are issued with full IAEA authority, the real estate agent can take the listing and accept offers using a probate purchase agreement.

Property Listed & Offer Accepted

Unlike limited authority sales, you don't need to wait for the probate referee's appraisal—which can take up to 60 additional days. You can accept an offer as soon as the Letters are issued.

Notice of Proposed Action (NOPA) Filed

Once the personal representative and buyer sign the purchase agreement, the probate attorney drafts the Notice of Proposed Action and files it with the court, mailing copies to all beneficiaries.

15-Day Waiting Period

Heirs have 15 days to object to the sale. If no objections are filed within the 15-day period, you can proceed to close escrow.

Close Escrow

After the waiting period expires (or with signed waivers), escrow closes and the property transfers to the buyer.

Understanding the Notice of Proposed Action (NOPA)

The NOPA is a critical document in full authority probate sales. Your probate attorney will need a copy of the signed purchase agreement to prepare it.

The NOPA Includes:

The proposed sale price
The buyer's name and information
A copy of the probate purchase agreement
Instructions for heirs who wish to object

Important: The 15-Day Rule

You cannot close escrow until the 15-day NOPA period has elapsed—even if all parties are ready. This waiting period gives beneficiaries time to review the proposed sale and object if they believe the price is unfair.

Need to Close Faster? Waiver Option

In time-sensitive situations—such as a pending foreclosure—all heirs can sign a Waiver to the Notice of Proposed Action. This is a judicial council form prepared by the probate attorney. Once all heirs sign the waiver, you can proceed to close immediately without waiting the 15 days.

What Escrow Needs to Close Your Full Authority Sale

Order for Probate

Letters (Testamentary or Administration)

Notice of Proposed Action

Remember: Full authority sales do not require court confirmation—your transaction is not going to a judge for approval. This means no 10% deposit requirement and no overbid process.

Not Sure Which Type of Authority You Have?

I can help you determine whether your probate case has full or limited authority and guide you through the appropriate sales process.

Schedule a Consultation Call (323) 377-4961

This information is provided for educational purposes only and does not constitute legal advice. Probate procedures may vary by county and individual circumstances. Always consult with a qualified probate attorney for guidance specific to your situation. Information current as of January 2026.

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