California IAEA Probate Sales: What Full Authority Means for Buyers (2025)
IAEA (Independent Administration of Estates Act) full authority allows a personal representative to sell probate property without court confirmation. For buyers, this means no overbidding competition, 30-45 day closing timelines instead of 90-120 days, and a traditional negotiation process where an accepted offer is a real deal.
If you've found a probate property listing that says "sold under IAEA with full authority," you've discovered one of the best opportunities in California real estate. This guide explains what IAEA authority means, why it matters for buyers, and how to identify these opportunities before other buyers do.
What Is IAEA and Why Should Buyers Care?
The Independent Administration of Estates Act (IAEA) is California legislation that allows personal representatives to sell estate property without court supervision. Enacted in 1987 and codified in California Probate Code Sections 10400-10564, IAEA was designed to streamline probate by reducing court involvement.
For buyers, IAEA full authority means:
No court confirmation hearing required
No public overbidding competition
Faster closing timeline (30-45 days vs 90-120 days)
Once your offer is accepted, you have a real deal
Traditional real estate transaction process
This is the opposite of court confirmation sales, where your accepted offer only makes you the "first bidder" and anyone can overbid you at a public hearing.
Full Authority vs Limited Authority: The Critical Difference
When a personal representative petitions for IAEA authority, the court grants either full or limited authority. This distinction fundamentally changes how the sale works.
Full Authority (Best for Buyers)
With full authority under IAEA, the personal representative can:
Sell real property without court approval
Set the listing price at their discretion
Accept offers and close escrow independently
Negotiate terms directly with buyers
Complete the sale in a normal timeline
The only requirement is sending a Notice of Proposed Action to heirs and beneficiaries at least 15 days before closing. If no one objects, the sale proceeds without court involvement.
Limited Authority (Still Requires Court)
With limited authority, the personal representative can handle most estate matters independently but still needs court supervision for:
Selling real property
Exchanging real property
Granting options to purchase
Borrowing money secured by estate real property
For buyers, limited authority means the property will likely go through court confirmation with potential overbidding, similar to estates without any IAEA authority.
How to Identify Which Authority Applies
The listing or listing agent should disclose whether the sale is under full authority IAEA or requires court confirmation. You can also check:
Listing description: Look for "IAEA with full authority" or "no court confirmation required"
Ask the listing agent: Confirm authority level before submitting offers
Court records: Letters Testamentary or Letters of Administration specify the authority granted
The Notice of Proposed Action Process
Even with full IAEA authority, the personal representative must notify interested parties before selling. Here's how it works:
Step 1: Personal representative accepts your offer
Step 2: Notice of Proposed Action (Form DE-165) is sent to all heirs, beneficiaries, and anyone who requested notice
Step 3: Recipients have 15 days to object in writing
Step 4: If no objections, the sale proceeds to closing
What happens if someone objects?
Any beneficiary can file a written objection or request a court restraining order. If this happens, court supervision becomes required for that specific transaction. However, objections are relatively rare when the personal representative has marketed the property properly and obtained fair market value.
Can the 15-day period be shortened?
Yes. If all parties entitled to notice consent to the sale in writing, the waiting period can be waived entirely. This sometimes happens in pre-market sales where all beneficiaries agree to accept an offer before public listing.
Why IAEA Full Authority Sales Are Better for Buyers
1. No Overbidding Competition
In court confirmation sales, anyone can show up at the hearing with a cashier's check and outbid you. Even if you've done inspections, secured financing, and invested weeks in the process, you might lose to someone who walks in at the last minute.
With IAEA full authority, once your offer is accepted and the 15-day notice period passes without objection, you have a binding contract. No surprises.
2. Faster Timeline
Court confirmation timeline: 90-120 days minimum
Offer acceptance
Wait 30-45 days for hearing date
Attend hearing (potential overbidding)
Wait another 30 days to close
IAEA full authority timeline: 30-45 days
Offer acceptance
15-day notice period
Standard escrow process
Close
The shorter timeline means less risk of rate lock expiration, fewer carrying costs for the estate, and faster access to your property.
3. Traditional Negotiation Process
Court confirmation sales have rigid requirements. The initial offer must be at least 90% of the appraised value, and the personal representative's ability to negotiate is limited.
IAEA sales work like any other real estate transaction. You can negotiate price, terms, contingencies, and closing timeline directly with the personal representative. Repair credits, extended escrows, and creative terms are all possible.
4. Inspection Contingencies Are Meaningful
In court confirmation sales, you might complete inspections only to lose the property at the overbid hearing. Your inspection investment is wasted.
With IAEA sales, your inspection contingency protects you just like in any traditional purchase. If you discover significant issues, you can negotiate repairs, credits, or walk away with your deposit.
5. Financing Is More Accepted
Personal representatives in court confirmation sales often prefer cash offers because of the extended timeline and uncertainty. By the time financing is approved and the hearing occurs, 60-90 days have passed.
IAEA sales with their 30-45 day timeline are much more compatible with conventional financing. Personal representatives are more willing to accept financed offers when the process is straightforward.
How to Find IAEA Full Authority Properties
MLS Filtering
Many listing agents note IAEA status in the agent remarks or public description. Search for:
"IAEA"
"Full authority"
"No court confirmation"
"Independent administration"
Ask Your Agent
An agent experienced in probate can identify IAEA properties and verify the authority level before you invest time in showings and inspections.
Pre-Market Access
Here's the real advantage: IAEA full authority makes pre-market deals much easier to complete.
When a personal representative has full authority and wants a quick, quiet sale, they can accept a pre-market offer, send the Notice of Proposed Action, and close in 30-45 days without ever publicly listing the property. If beneficiaries consent, even the 15-day waiting period can be waived.
At The Borges Real Estate Team, we work with dozens of probate families annually on the seller side. When those families have IAEA full authority and want to sell quickly, our buyer clients hear about it first. These pre-market IAEA sales combine the best of both worlds: below-market pricing without competition, plus the streamlined closing process that full authority provides.
Real Example: Last year, I represented a family selling their mother's Altadena home through IAEA with full authority. Rather than publicly listing and waiting for offers, we reached out to a buyer client who had been searching for a property in that neighborhood. The buyer submitted an offer on a Tuesday, all beneficiaries signed waivers by Friday, and we closed in 28 days. The buyer paid fair market value but avoided competing against other offers, and the family appreciated the quick, private sale during a difficult time.
"We'd been looking for months and kept losing properties to overbidding. When Justin called about this IAEA property before it listed, we finally had a fair shot. No auction, no surprises, just a straightforward purchase."
Probate Buyer, Altadena
Comparing Probate Sale Types
| Factor | Court Confirmation | IAEA Limited | IAEA Full Authority |
|---|---|---|---|
| Court hearing required | Yes | Yes (for real estate) | No |
| Overbidding possible | Yes | Yes | No |
| Typical timeline | 90-120 days | 90-120 days | 30-45 days |
| 90% appraisal minimum | Yes | Yes | No |
| Financing accepted | Rarely | Rarely | Yes |
| Negotiation flexibility | Limited | Limited | Full |
| Pre-market deals | Difficult | Difficult | Easy |
Common Questions About IAEA Sales
Can anyone object to an IAEA sale?
Only "interested parties" can object, which typically means heirs, beneficiaries, and creditors of the estate. Random members of the public cannot object to block your purchase.
What if beneficiaries object after I'm in escrow?
If an objection is filed during the 15-day notice period, the sale cannot proceed without court supervision. This is rare when the property is sold at fair market value, but it can happen in contentious estates. Your agent should assess family dynamics before you submit an offer.
Is the price negotiable in IAEA sales?
Yes. Unlike court confirmation sales where the offer must meet the 90% appraisal threshold, IAEA full authority sales have no minimum price requirement. The personal representative has a fiduciary duty to get fair value, but they can negotiate price, credits, and terms.
How do I know if I'm getting a fair price?
IAEA sales should still be based on fair market value. Get a comparative market analysis from your agent, review recent comparable sales, and consider getting an independent appraisal. Just because there's no minimum doesn't mean the personal representative will accept a lowball offer.
Can the personal representative sell to themselves?
Self-dealing requires court approval even with full IAEA authority. If the personal representative, their attorney, or close relatives want to buy the property, court confirmation is required for that specific transaction.
Strategy for Buyers
1. Prioritize IAEA Full Authority Listings
When searching for probate properties, filter for IAEA full authority sales first. These offer the best combination of below-market potential and transaction certainty.
2. Verify Authority Before Making Offers
Before investing time in inspections and financing, confirm the authority level with the listing agent. "Subject to court confirmation" means you're in overbidding territory.
3. Move Quickly on Pre-Market IAEA Opportunities
When you have access to a pre-market IAEA sale, act fast. These properties often never reach the public market because they're sold to connected buyers during the notice period.
4. Use the Timeline Advantage in Negotiations
Personal representatives often want quick, certain closings. Your ability to close in 30 days with IAEA full authority (versus 90+ days with court confirmation) gives you negotiating leverage even against higher offers.
5. Work With a Probate Specialist
An agent who understands IAEA, Notice of Proposed Action requirements, and the nuances of probate sales can help you identify the best opportunities and avoid properties with complications.
Frequently Asked Questions
What does IAEA mean in a probate listing?
IAEA stands for Independent Administration of Estates Act. When a listing mentions IAEA with full authority, it means the personal representative can sell the property without court confirmation, eliminating overbidding and shortening the timeline to 30-45 days.
Is IAEA better for buyers than court confirmation?
Yes. IAEA full authority sales offer faster timelines, no overbidding competition, traditional negotiation flexibility, and better acceptance of financed offers. Once your offer is accepted and the 15-day notice period passes, you have a binding deal.
How long does an IAEA probate sale take?
With full authority, IAEA sales typically close in 30-45 days. This includes a 15-day Notice of Proposed Action period (which can be waived if all beneficiaries consent) plus standard escrow processing.
Can I still get below-market pricing with IAEA sales?
Yes. Many IAEA sales still offer below-market opportunities because estates are motivated to close quickly, properties may need updating, and sellers often prefer certainty over maximum price. The difference is you won't face overbidding competition.
How do I find IAEA properties?
Search MLS listings for "IAEA," "full authority," or "no court confirmation." Better yet, work with an agent who represents probate families and can alert you to IAEA properties before they're publicly listed.
Work With a Probate Specialist
Understanding the difference between IAEA full authority and court confirmation sales can save you months of frustration and thousands in overbidding losses. The best probate opportunities are often IAEA properties where you can negotiate directly and close quickly.
At The Borges Real Estate Team, we specialize in probate transactions throughout Los Angeles County. Because we work with probate families on the seller side, we know which estates have full authority, which are heading toward quick sales, and which properties will hit the market soon.
Ready to find IAEA probate opportunities in Los Angeles County?
📞 (213) 262-5092
âœ‰ï¸ justin@theborgesrealestateteam.com
About the Author
Justin Borges (DRE# 01940318) is the founder of The Borges Real Estate Team at eXp Realty of Greater Los Angeles. With 13+ years of experience and over $200 million in career sales, Justin specializes in probate and trust real estate. He represents both probate families selling estate property and buyers seeking probate opportunities, which means his buyer clients get pre-market access to properties others never see. Based in Pasadena and serving all of LA County.
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Buying a House in Probate California 2025: Complete Buyer's Guide
California Probate Court Confirmation 2025: What Buyers Need to Know
How to Find Probate Properties for Sale in California (2025 Guide)
How to Finance a Probate Property in California (2025 Buyer's Guide)
