What is Full Authority in California Probate?

Once the Order for Probate and Letters have been issued by the court, the real estate  agent is able to take the probate listing and can accept an offer using a probate purchase agreement.

A personal representative with full authority is not bound to sell the house for at least 90% of its appraised market value as there is absolutely no court confirmation required. An offer can be accepted any time once the Order and the Letters are issued when the probate case is full
authority. It is not necessary to wait for the probate referee to complete the appraisal of the property, which can take up to another 60 days.

Once you confirm that your personal representative has full authority, you can inform potential buyers that no court confirmation will be required; so long as all heirs agree to the selling price. Once the personal representative and your buyer sign the probate purchase  agreement, the probate attorney will be able to draft the Notice of Proposed Action (NOPA).

Keep in mind that the attorney needs a copy of the probate purchase agreement to prepare the NOPA. The NOPA contains information pertaining to the sale including the sale price, the buyer’s name, and a copy of the probate purchase agreement. The court requires the NOPA to be filed in the case and mailed to all beneficiaries. If any of the heirs wish to object to the sale price, they have 15 days to do so. If no objections are filed within 15 days as provided by the NOPA, you can proceed to close escrow. However, you cannot close escrow until the 15 day period elapses.

With time crunches, (for example, if there is a foreclosure sale scheduled) and the estate cannot afford the 15-day waiting period, then all heirs can sign a Waiver to the Notice of Proposed Action, which is a judicial council form that can be prepared by the probate attorney. Once all heirs sign the Waiver of Notice of Proposed Action, you can proceed and close immediately. The 15-day period would not apply. The initial deposit required under a full authority probate case could be as little as 3%. Remember, these cases do not require court confirmation, thus, they are not subject to a 10% deposit requirement. Your probate transaction is not going to a judge for approval.

All escrow needs to close your transaction are:

1) the Order for Probate,

2) the Letters, and

3) the Notice of Proposed Action.