California Independent Administration of Estates Act Explained

The representative may receive full or limited authority. Those are not interchangeable.

How can IAEA affect a real estate sale?

When the representative has appropriate authority and follows the required procedures, a probate property may potentially be sold without a separate court-confirmation hearing. Notice requirements and opportunities for interested parties to object may still apply.

Limited authority can impose additional restrictions, particularly concerning the sale of real property.

Where is the authority shown?

The estate's court-issued letters generally indicate whether independent authority has been granted and whether that authority is full or limited.

Never rely solely on a verbal statement that a representative has "full probate authority." Review the actual documentation.

Why does this matter when accepting an offer?

The required procedure can affect:

• Contract language
• Notice periods
• Contingencies
• Closing dates
• Buyer expectations
• Court-confirmation risk
• Whether another bidder might participate

Next step

The estate's attorney should identify the applicable procedure. The real estate team can then create a marketing and transaction schedule that matches it.