Probate · IAEA Authority · Los Angeles County
What Is Full IAEA Authority in a Probate Sale?
Justin Borges, DRE #01940318 · 12 min read · Updated July 26, 2026
Full authority under the Independent Administration of Estates Act (IAEA) lets a personal representative sell Los Angeles County real property without a court confirmation hearing. A 15-day notice of proposed action still goes to heirs and beneficiaries first (Probate Code Section 10587), but absent a valid objection, the sale can close on that timeline instead of waiting for a confirmation hearing date.
Sources: California Probate Code Sections 10403, 10587, and 10309; Courts.ca.gov Self-Help Guide, Formal Probate.
What You Will Learn
- What Is Full IAEA Authority in a Probate Sale?
- What Is the Difference Between Full and Limited IAEA Authority?
- How Does a Los Angeles Personal Representative Get Full IAEA Authority?
- What Does Full Authority Mean for a Buyer Making an Offer on a Los Angeles Probate Listing?
- What Is the Notice of Proposed Action, and How Does It Work?
- Can an Heir Object to a Personal Representative Selling Under Full Authority?
- Why Do Limited-Authority Sales Still Require Court Confirmation?
- How Should a Buyer or Heir Verify Which Type of Authority Applies?
- Frequently Asked Questions
What Is Full IAEA Authority in a Probate Sale?
Full authority is the broadest level of power a Los Angeles County probate court can grant a personal representative under the Independent Administration of Estates Act. It lets the representative list, negotiate, and sell real property without asking a judge to confirm the sale first. The only procedural step required is the notice of proposed action, a 15-day written notice to heirs and beneficiaries describing the proposed sale (Probate Code Section 10587).
Most wills nominate full authority for their named executor, and most Los Angeles County judges grant it when nobody objects. That makes full authority the default expectation in the large majority of probate sales, with limited or no authority being the exception rather than the rule.
Full authority does not mean no oversight. It means the oversight happens through a 15-day notice instead of a courtroom.
Justin Borges, CA DRE #01940318What Is the Difference Between Full and Limited IAEA Authority?
| Authority Level | Real Property Sale Requires | Typical Speed |
|---|---|---|
| Full authority | 15-day notice of proposed action only | Fastest, no hearing needed |
| Limited authority | Court confirmation hearing, subject to overbid | Slower, 4 to 8 weeks added for the hearing |
| No authority | Court confirmation hearing on every real property sale | Slowest, every sale confirmed in open court |
A Los Angeles County court grants limited authority when a will restricts the executor's power, when the estate is intestate and heirs disagree, or when an interested party specifically objects to full authority during the initial petition. Limited authority does not mean the representative cannot sell real property; it means that sale still needs a judge's confirmation.
How Does a Los Angeles Personal Representative Get Full IAEA Authority?
Full authority is requested in the initial petition for probate, filed with the Los Angeles County Superior Court (Probate Code Section 10403). The petition states whether the nominated representative is asking for full or limited authority, and any interested party can object to the request for full authority during the notice period that follows filing.
If nobody objects, the court typically grants full authority as requested and issues Letters of Administration or Letters Testamentary reflecting it. A representative who was initially granted limited or no authority can later petition the same Los Angeles County court to expand to full authority if circumstances change, such as heirs reaching agreement after an earlier dispute.
What Does Full Authority Mean for a Buyer Making an Offer on a Los Angeles Probate Listing?
A buyer whose accepted offer is on a full-authority Los Angeles probate listing generally gets a faster, more predictable path to closing than one buying under limited authority. There is no confirmation hearing date to schedule, no possibility of a stranger overbidding the accepted offer in open court, and no minimum-90%-of-appraisal requirement to clear. The main condition is that the 15-day notice period must run without a valid, timely objection from an heir or beneficiary.
A buyer's agent should always confirm which type of authority applies to a specific Los Angeles probate listing before writing an offer, since the difference changes both the expected timeline and the risk that the accepted price could still be outbid at a later hearing.
What Is the Notice of Proposed Action, and How Does It Work?
The notice of proposed action is a written notice a personal representative sends to every heir and beneficiary describing a proposed sale, including the property and the material terms, at least 15 days before taking the action (Probate Code Section 10587). Recipients have the full notice period to review the terms and decide whether to object.
If the notice period runs with no objection, the representative can proceed with the Los Angeles County sale without any further court involvement specific to that transaction. The notice itself becomes part of the estate's record, documenting that heirs and beneficiaries had a genuine opportunity to weigh in before the sale closed.
Can an Heir Object to a Personal Representative Selling Under Full Authority?
Yes. Any heir, beneficiary, or other interested party who receives a notice of proposed action can object in writing within the 15-day period. A timely, valid objection generally means the personal representative cannot proceed with that specific action without seeking the Los Angeles County court's approval, effectively converting that transaction into something closer to a limited-authority sale.
An objection does not automatically kill the sale. It shifts the decision back to a judge, who will weigh the objection against the proposed terms before deciding whether the transaction can proceed.
Why Do Limited-Authority Sales Still Require Court Confirmation?
Court confirmation exists to protect heirs and creditors when the personal representative does not have the broader authority the IAEA otherwise grants. Without full authority, a Los Angeles County judge reviews the accepted offer directly, confirms it meets the 90% of appraised value minimum, and opens the floor to any qualified overbidder before the sale becomes final (Probate Code Section 10309).
This extra layer of court oversight is precisely what full authority is designed to avoid, provided the 15-day notice process runs without objection, which is why most executors request it and most Los Angeles County courts grant it by default.
How Should a Buyer or Heir Verify Which Type of Authority Applies?
The Letters of Administration or Letters Testamentary issued by the Los Angeles County Superior Court state explicitly whether full or limited authority was granted, and this document is part of the public probate case file. A buyer's agent or an heir can request a copy of the letters, or review the case file directly, before relying on an assumption about which authority level applies to a specific sale.
Confirming this early avoids the worst-case scenario: a buyer who wrote an offer assuming a fast, full-authority close, only to learn later that a confirmation hearing and overbid process still apply.
Frequently Asked Questions
What is full IAEA authority in a probate sale?
Full authority under the Independent Administration of Estates Act (IAEA) lets a personal representative sell real property without a court confirmation hearing. The representative still must give heirs and beneficiaries a 15-day notice of proposed action before the sale closes (Probate Code Section 10587).
What is the difference between full and limited IAEA authority?
Full authority allows a personal representative to sell real property using only the 15-day notice of proposed action. Limited authority still requires a court confirmation hearing before a real property sale can close, even though other estate actions may proceed without court involvement.
How does a personal representative get full IAEA authority?
Full authority is requested in the initial petition for probate (Probate Code Section 10403) and is typically granted by the court unless an heir or interested party formally objects. Most wills nominate full authority, and most California courts grant it absent an objection.
What does full IAEA authority mean for a buyer making an offer on a probate property?
A full-authority sale generally closes faster and with more certainty than a limited-authority sale, since it skips the court confirmation hearing and the overbid process where a stranger can outbid an accepted offer in open court. The buyer's accepted offer still must clear the 15-day notice period without a valid objection.
Can an heir object to a full-authority probate sale?
Yes. An heir or other interested party who receives the notice of proposed action can object in writing within the notice period. A timely, valid objection can require the personal representative to seek court approval before proceeding.
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