California Notice of Proposed Action (DE-165): Complete Guide

The Notice of Proposed Action (NOPA) is the key mechanism that makes California's Independent Administration of Estates Act work. Instead of seeking court approval for major estate actions, the personal representative gives notice to interested parties and waits 15 days. If no one objects, the action proceeds without court involvement.

What Is a Notice of Proposed Action?

A Notice of Proposed Action is a legal notice sent to beneficiaries and heirs informing them of actions the personal representative intends to take under independent administration authority.

The notice describes the proposed action and gives recipients 15 days to object. If no one objects, the personal representative can proceed. If someone objects, court approval is required.

When NOPA Is Required

Under full independent administration authority, NOPA must be given before:

Real Property Actions

Selling real property
Exchanging real property
Granting an option to purchase real property
Leasing real property for more than one year

Financial Actions

Borrowing money using estate property as security
Making investments beyond statutory guidelines
Completing contracts the decedent entered into

Business Actions

Continuing the decedent's business beyond the initial period allowed

Compensation

Paying the personal representative's compensation
Paying attorney fees

Distributions

Making preliminary distributions before closing
Certain other distributions

When NOPA Is NOT Required

Many routine administrative actions do not require NOPA:

Paying valid creditor claims
Paying funeral expenses
Paying routine administration costs
Collecting money owed to the estate
Depositing estate funds in banks
Investing in insured accounts
Selling perishable property
Abandoning clearly worthless property
Paying utilities, insurance, and maintenance

The NOPA Process

Step 1: Prepare Form DE-165

Complete the Notice of Proposed Action form:

Describe the proposed action in detail
Include relevant dates, amounts, and parties
Provide enough information for recipients to evaluate the action

Step 2: Identify Recipients

Send NOPA to:

All heirs of the decedent
All beneficiaries under the will
Anyone who filed a Request for Special Notice
The California Department of Health Care Services (if Medi-Cal was involved)

Step 3: Mail the Notice

Mail NOPA to all recipients. First-class mail is sufficient.

Step 4: Wait 15 Days

The 15-day period begins on the mailing date. Do not take the action until 15 days have passed.

Step 5: Check for Objections

If no written objection is received within 15 days, proceed with the action.

If an objection is received, you must petition the court for approval before proceeding.

Step 6: Complete the Action

After the waiting period, complete the proposed action.

Contents of the Notice

The notice must include:

Description of Proposed Action

Describe what you intend to do with sufficient detail for recipients to understand and evaluate it.

For a real estate sale:

Property address
Sale price
Buyer's name
Terms of sale
Expected closing date

Deadline for Objection

State that objections must be delivered to you within 15 days of the mailing date.

How to Object

Explain that objections must be in writing and delivered to the personal representative.

Consequences of Not Objecting

State that if no objection is received, the action will proceed without court supervision.

Objecting to a Proposed Action

Who Can Object

Any person entitled to receive NOPA can object:

Heirs
Beneficiaries
Anyone who requested special notice

How to Object

File a written objection with the personal representative before the 15-day period expires. The objection should:

State that you object to the proposed action
Explain your reasons
Be signed and dated

Effect of Objection

An objection does not permanently block the action. It requires the personal representative to seek court approval.

The personal representative can:

Petition the court for approval to proceed
Modify the action to address concerns
Abandon the action

Court Hearing

If a hearing is held, the court evaluates whether the action is in the best interest of the estate. The objecting party can present concerns, and the personal representative can explain the rationale.

Waiving NOPA

Beneficiaries can waive the right to receive NOPA for specific actions or all actions. This speeds up administration when everyone agrees.

Specific Waiver

A beneficiary signs a waiver for a particular proposed action. The action can proceed immediately without waiting 15 days.

General Waiver

A beneficiary waives the right to notice for all actions. This is less common but can streamline administration for cooperative families.

Timeline Impact

With NOPA (No Objection)

Day 1: Mail NOPA
Days 2-15: Waiting period
Day 16: Take action

Total: 15 days for each major action

Without Independent Administration

Week 1: Prepare petition
Weeks 2-6: Wait for hearing date
Week 7: Attend hearing
Week 8: Take action

Total: 6-8 weeks per action

The NOPA process saves significant time.

Common Questions About NOPA

Selling Real Estate

When selling real estate under full IAEA authority, you send NOPA describing:

The property
The buyer and sale price
Key terms

After 15 days (assuming no objection), you close the sale. No court confirmation hearing.

Paying Fees

Before taking statutory fees, send NOPA describing:

The fee amount for the personal representative
The fee amount for the attorney
Basis for calculation

This gives beneficiaries an opportunity to object if they believe fees are inappropriate.

Making Distributions

Before making preliminary distributions, send NOPA describing:

Who will receive distributions
What each person will receive
The reason for preliminary distribution

Proof of Service

After mailing NOPA, prepare a proof of service documenting:

When the notice was mailed
To whom it was sent
The addresses used

Keep this proof with your estate records. You may need to show it to the court or beneficiaries.

Frequently Asked Questions

What is the 15-day rule in California probate?

When using independent administration, the personal representative must give 15 days' notice before taking major actions. If no one objects within 15 days, the action can proceed without court approval.

Can I shorten the 15-day period?

Beneficiaries can waive the notice requirement, allowing the action to proceed immediately. Without a waiver, the 15-day period cannot be shortened.

What happens if I forget to send NOPA?

Taking an action that required NOPA without giving notice can create liability. Beneficiaries may petition to surcharge you for any loss or require you to undo the action if possible.

Do I need NOPA for every action?

No. Routine administrative actions do not require NOPA. Only significant actions like selling real estate, borrowing money, or paying fees require notice.

Can an objection stop a sale?

An objection requires court involvement but does not automatically stop the action. The court will evaluate whether the action should proceed.

Related Guides

Sources:

California Probate Code Section 10450-10452 (Notice of Proposed Action)
California Judicial Council Form DE-165
California Judicial Council Form DE-166 (Objection)

Last Updated: January 2026. This guide provides general information about the Notice of Proposed Action in California probate. Consult with a California probate attorney for advice specific to your situation.