California Probate Sale: Full vs. Limited IAEA Authority
Understand the difference between full and limited Independent Administration of Estates Act authority when selling California probate real property.
IAEA authority can change how a probate property sale is handled.
The Independent Administration of Estates Act, commonly called the IAEA, can give a California personal representative authority to take certain actions without obtaining court approval for each transaction. But the scope of that authority matters.
California Judicial Council Form DE-165 distinguishes between full and limited authority. The form specifically notes that limited authority does not include independent authority to sell or exchange real property, while a sale under full authority can proceed without court supervision if the required procedure is followed.
What happens when full authority applies?
For a real-property sale under independent administration, a Notice of Proposed Action may be required. California court guidance states that, when the required notice is given and no objection prevents the action, a personal representative with full authority may sell or exchange real property without court supervision.
The Judicial Council's DE-165 form explains that a sale without court supervision is not presented to the court for confirmation at a hearing where higher bids may be presented.
What if authority is limited?
If the personal representative has limited IAEA authority, selling real property may require court approval. California court guidance recommends consulting a probate attorney when court approval is required because the procedures and deadlines can be complicated.
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