California Full vs Limited Authority in Probate (IAEA)

Under California's Independent Administration of Estates Act (IAEA), personal representatives can receive either "full authority" or "limited authority" to act without court supervision. The level of authority determines which actions require court approval and which can be done independently.

What Is IAEA Authority?

The Independent Administration of Estates Act allows personal representatives to handle many estate matters without petitioning the court for approval each time. However, the level of authority granted affects what actions can be taken independently.

Full Authority

With full authority, the personal representative can:

Sell real property without court confirmation
Sell personal property
Complete most transactions independently
Use the Notice of Proposed Action procedure

Limited Authority

With limited authority, the personal representative:

Cannot sell real property without court confirmation
Can sell personal property independently
Must get court approval for certain transactions
Has fewer independent powers

Key Differences

Real Property Sales

Action	Full Authority	Limited Authority
Sell real property	Notice of Proposed Action	Court confirmation required
Grant options on real estate	Notice of Proposed Action	Court confirmation required
Lease for more than 1 year	Notice of Proposed Action	Court confirmation required

Other Transactions

Both full and limited authority allow:

Paying debts and expenses
Selling personal property
Investing estate funds
Completing contracts
Most day-to-day administration

Notice of Proposed Action

What It Is

When the personal representative wants to take a significant action, they send a Notice of Proposed Action (NOPA) to interested parties. If no one objects within 15 days, the action can proceed.

Form DE-165

Use Judicial Council Form DE-165 to send notice.

Must Include:

Description of the proposed action
Reasons for the action
How to object
Deadline for objection (15 days)

Who Receives Notice

Send the Notice of Proposed Action to:

All beneficiaries
Anyone who requested special notice
Potentially affected parties

The 15-Day Waiting Period

After mailing the notice:

Wait 15 days
If no objection, proceed with the action
If someone objects, seek court approval

Actions Requiring Notice (Full Authority)

Even with full authority, these actions require Notice of Proposed Action:

Selling real property
Granting options or liens
Exchanging property
Leasing real property for more than 1 year
Borrowing money secured by real property

Actions Without Notice

These actions do not require Notice of Proposed Action:

Paying valid debts
Completing decedent's contracts
Operating decedent's business (short term)
Selling perishables or declining assets
Most personal property sales

Choosing Full vs Limited Authority

When to Request Full Authority

Request full authority if:

The estate includes real property that may be sold
You want maximum flexibility
Beneficiaries are cooperative
Speed matters

When Limited Authority Is Acceptable

Limited authority may be fine if:

No real property in the estate
Real property will be distributed, not sold
Beneficiaries prefer court oversight
The will does not grant full authority

How the Will Affects Authority

If the Will Grants Full Authority: The court will typically grant full authority upon request.

If the Will Is Silent: You can still request full authority, but beneficiaries can object.

If the Will Limits Authority: The court follows the will's instructions.

Beneficiary Objections

Any beneficiary can:

Object to full authority being granted
Request limited authority instead
Demand court confirmation for specific transactions

If beneficiaries object, the court decides what authority to grant.

Court Confirmation Process

When Required

Court confirmation is required for real property sales under limited authority. The probate court process involves:

Petition for Sale: File petition describing the property and proposed sale
Court Hearing: Judge reviews the terms
Overbidding: Others can bid at the hearing
Court Approval: Judge confirms or rejects the sale

Timeline

Court confirmation adds time:

Filing and hearing: 30-45 days
Potential overbids: Additional delays
Total: 4-8 weeks longer than NOPA process

Costs

Court confirmation involves:

Filing fees
Publication costs
Attorney time
Potential overbidding

The Overbid Process

At the confirmation hearing:

Others can bid on the property
Minimum overbid: 10% of first $10,000 + 5% of remainder
Original buyer can match or increase
Highest bidder wins

This can be beneficial (higher price) or problematic (uncertain closing).

Changing Authority Level

Upgrading to Full Authority

If you initially received limited authority:

Petition the court for full authority
Give notice to beneficiaries
Court decides whether to grant

Restricting Authority

Beneficiaries can petition to:

Reduce full authority to limited
Require court confirmation for specific actions
Add oversight

Practical Considerations

Full Authority Advantages

Faster administration
Lower costs
More flexibility
Simpler process

Full Authority Disadvantages

Less court oversight
More responsibility on personal representative
Potential for disputes

Limited Authority Advantages

Court supervision for major transactions
Protection for personal representative
Creditors and beneficiaries have court review

Limited Authority Disadvantages

Slower process
Higher costs
Less flexibility
Overbidding risk

Special Situations

Multiple Personal Representatives

If there are co-personal representatives:

All must agree on actions
Authority level applies to all
Notice must come from all

Bond Considerations

Authority level does not affect bond requirements. Bond depends on estate value and whether the will waives it.

Out-of-State Property

IAEA applies to California property. Property in other states follows those states' rules.

Frequently Asked Questions

What is the difference between full and limited authority in California probate?

Full authority allows selling real property with Notice of Proposed Action. Limited authority requires court confirmation for real property sales. Both allow most other estate administration independently.

Can beneficiaries object to full authority?

Yes. Any beneficiary can object to granting full authority. If there is an objection, the court decides what authority to grant.

Does full authority mean no court involvement?

No. Even with full authority, the court is involved in opening probate, approving final distribution, and resolving disputes. Full authority reduces routine court hearings.

How long does the Notice of Proposed Action process take?

Mail the notice, wait 15 days, then proceed. If someone objects, you must seek court approval, which adds time.

Can I sell the house faster with full authority?

Yes. With full authority, you can use the Notice of Proposed Action process (about 3 weeks). With limited authority, court confirmation adds 4-8 weeks.

Related Guides

Sources:

"California Probate Code Sections 10400-10600," California Legislative Information, 2024, https://leginfo.legislature.ca.gov/
"DE-165 Notice of Proposed Action," California Judicial Council, 2024, https://www.courts.ca.gov/
"Independent Administration of Estates Act," California Courts Self-Help Guide, 2024, https://selfhelp.courts.ca.gov/

This guide provides general information about full and limited authority in California probate. Consult with a California probate attorney for advice specific to your situation.