Can an Executor Sell Property Without All Beneficiaries Approving in California?
Yes, an executor can sell California probate property without all beneficiaries approving—if granted Full Authority under the Independent Administration of Estates Act (IAEA). The executor must send a Notice of Proposed Action to heirs, who have 15 days to object. If no written objection is filed, the sale can proceed without unanimous consent.
In my 13+ years helping families navigate probate sales across Los Angeles County, executor authority is one of the most common questions I encounter. This guide explains what executors can and cannot do when selling inherited property in California.
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Get answers from a probate real estate specialist—no pressure, no obligation.What Is an Executor and What Can They Do?
An executor (also known as a personal representative) is the person named in a will to carry out the deceased's final wishes. When there's no will, the court appoints an administrator instead.
Regardless of title, their responsibilities include:
- Managing estate assets
- Paying off debts and taxes
- Filing required court documents
- Distributing property to heirs
In Los Angeles County, where the median home value exceeds $900,000 (per Zillow 2024 data), real estate often represents the largest estate asset. Whether that property gets sold frequently depends on the executor's authority level.
A court-appointed probate referee will appraise the estate's assets, including real estate. If the executor can sell the property for at least 90% of the appraised value, they generally don't need additional court approval (assuming Full Authority). If they can't meet this threshold, a court hearing may be required.
Full Authority vs. Limited Authority
Under California's Independent Administration of Estates Act (IAEA), the court grants either Full Authority or Limited Authority to the executor. This distinction determines how much autonomy they have.
| Factor | Full Authority (IAEA) | Limited Authority |
|---|---|---|
| Court approval for sales | Not required | Required for most sales |
| Beneficiary consent | Notice only (not consent) | May be required |
| Typical timeline | 15-day notice period | 30-60+ days for court hearing |
| Executor flexibility | High | Limited |
| Most common in LA County | Yes | Less common |
With Full Authority, the executor can list and sell real estate without individual permission from each beneficiary—as long as they follow proper notification procedures.
Not sure if you have Full or Limited Authority? We can help you figure it out.
Call (213) 262-5092When the Executor Can Sell Without Consent
With Full Authority under the IAEA, the executor:
- Can list and sell real estate without court confirmation
- Must provide Notice of Proposed Action to all heirs (California Probate Code §10580)
- Must wait 15 days for potential objections
- Must act in the estate's best interest (fiduciary duty)
If no beneficiary objects in writing within 15 days, the executor can proceed with the sale.
The key point: In many California probate cases, executors do NOT need every heir's approval to sell property.
When Beneficiaries Can Object or Block the Sale
If a beneficiary receives the Notice of Proposed Action and disagrees with the sale, they can file a written objection with the court. At that point:
- The executor may need to seek court confirmation to proceed
- A judge will determine if the sale is reasonable and appropriate
- If fraud or bad faith is suspected, the court can intervene
Heirs cannot stop a sale simply because they "don't want to sell." Their objection must be grounded in legitimate legal or financial concerns affecting the estate.
The Executor's Legal Duties and Risks
Even with Full Authority, executors have fiduciary duties—legal obligations to act in the best interest of the estate and its beneficiaries:
- Act in good faith
- Obtain fair market value for the property
- Avoid conflicts of interest
- Keep all beneficiaries informed of major decisions
- Document decision-making process
In Los Angeles County probate cases, where properties often exceed $800,000 in value, failing to meet these duties can result in personal liability for the executor.
What I've Learned From Probate Sales in LA County
In my experience working with executors across Pasadena, Burbank, Glendale, and the San Fernando Valley, the most common mistakes I see are:
- Underpricing the property to speed up the sale—which can trigger beneficiary objections and breach of fiduciary duty claims
- Poor documentation of the decision-making process—leaving executors vulnerable to "you didn't tell us" disputes
- Inadequate communication with beneficiaries—the Notice of Proposed Action is the minimum, not the maximum
- Skipping the independent appraisal before listing—the probate referee's appraisal establishes the 90% threshold, but a current market analysis helps maximize value
These errors can expose executors to legal challenges—even when they had good intentions. I always tell executors: document everything as if a judge will review it, because they might.
Worried about making executor mistakes?
Let's talk through your situation—free, confidential consultation.What if the Will Says to Keep the Property?
Sometimes a will explicitly states the home should go to a specific heir or remain in the family. In that case, the executor cannot sell unless:
- The estate lacks sufficient cash to pay debts or taxes
- The court allows it for financial necessity
- All heirs agree to modify the distribution plan
Otherwise, the executor must follow the will's instructions.
Timeline: How Long Does a Probate Sale Take?
| Stage | Typical Timeline |
|---|---|
| Probate petition filed | Week 1 |
| Letters of Administration issued | 4-8 weeks |
| Property appraisal | 1-2 weeks |
| Listing and marketing | 2-4 weeks |
| Offer acceptance | 1-2 weeks |
| Notice of Proposed Action period | 15 days |
| Escrow and closing | 30-45 days |
| Total (Full Authority) | 4-6 months |
| Total (Limited Authority) | 8-12 months |
Need to move faster? We know how to expedite probate sales without cutting corners.
Text Us Your TimelineBest Practices for Executors Handling Real Estate
If you're an executor navigating a potential property sale, follow these steps to protect yourself and the estate:
Get a Certified Appraisal
Know the fair market value before listing. This documentation protects you from claims of undervaluing the property.
Notify All Beneficiaries
Use the formal Notice of Proposed Action to avoid surprises and reduce conflict among heirs.
Document Everything
Maintain a paper trail of all offers, appraisals, communications, and decisions. If questions arise later, documentation is your protection.
Work With Probate-Experienced Professionals
Not all real estate agents understand probate timelines, court requirements, and beneficiary dynamics. Choose professionals with specific probate experience.
Frequently Asked Questions
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This article provides general information about California probate law and should not be considered legal advice. Probate laws vary by situation, and court procedures may differ by county. For advice specific to your circumstances, consult with a qualified California probate attorney.
Last Updated: January 2026
