Los Angeles executor guide
What Notice Must an Executor Give Heirs Before Selling a House With IAEA Authority in Los Angeles?
The short answer
Before an executor with IAEA authority sells a house, the executor gives a notice of proposed action to the interested persons California law lists, describing the proposed sale and allowing time to object. I build the listing schedule around the notice dates. Probate Code sections 10510 and 10511 make the notice procedure a condition of exercising the real-property sale power (CA Probate Code, California Probate Code sections 10510 and 10511, checked November 10, 2026).
Justin Borges of The Borges Real Estate Team at eXp Realty (DRE #01940318) helps Los Angeles executors sell estate homes as a listing agent alongside the estate’s probate attorney. He does not give legal advice. The notice identifies a proposed sale and gives the people entitled to notice an opportunity to object before the action is taken.
Plan the estate home sale
For the house awaiting its notice, I will prepare a current value estimate for the executor.
Who must get a notice of proposed action before an IAEA home sale?
California requires notice to each known heir and each known devisee whose interest in the estate would be affected, each person who has filed a request for special notice, and, if state escheat is involved and its interest would be affected, the Attorney General in Sacramento (CA Probate Code, California Probate Code section 10581, checked November 10, 2026). An heir is not the only person who may have a right to receive the notice.
A devisee is a person whose interest arises under a will. The notice list turns on the statutory categories and the proposed action, rather than on who has been discussing the house with the executor. A family member who is regularly copied on informal updates is not automatically accounted for by those updates if that person is entitled to formal notice.
| Person or office | Connection to the notice |
|---|---|
| Known heir | Notice when the heir’s estate interest would be affected |
| Known devisee | Notice when the devisee’s estate interest would be affected |
| Special notice requester | Notice when the person has filed the statutory request |
| Attorney General in Sacramento | Notice when part of the estate is to escheat and the state’s interest would be affected |
If relatives want a clear picture of the proposed sale, I will prepare a one-page summary of the offer terms for you to share. Text (213) 262-5092
A written consent or waiver can change whether notice must be given to a particular person. California law distinguishes consenting to the proposed action from waiving notice, and a waiver can address a particular action or transaction type. A consent or waiver can be revoked only in writing, effective when the personal representative receives it (CA Probate Code, California Probate Code sections 10582-10584, checked November 10, 2026).
Give the executor the information needed to identify the people entitled to notice and any existing written waivers. Probate Code section 10581 sets out the recipient categories.
What does the notice have to say about the sale?
The notice must identify the personal representative and contact person, describe the proposed action with reasonable specificity, state the material terms of a real-property sale, and give the date on or after which the action will be taken (CA Probate Code, California Probate Code section 10585, checked November 10, 2026). The material terms include the sale price and the amount of, or method of calculating, any agent or broker commission when applicable.
California also requires the representative’s name, mailing address and electronic address, plus the contact person’s name, telephone number and electronic address. Those details give a recipient a way to seek more information about the proposed action. The notice is a document about a particular planned transaction, not simply an announcement that an estate owns a home.
For an estate home with multiple offers, I will prepare a side-by-side comparison of their stated terms. Talk to Justin about your sale
| Notice item | What the reader can find |
|---|---|
| Representative | Name, mailing address and electronic address |
| Contact | Name, telephone number and electronic address |
| Proposed sale | Reasonably specific description and material terms, including applicable price and commission information |
| Action date | Date on or after which the action will be taken |
Judicial Council form DE-165 is one way to give the notice. Probate Code section 10585 also permits a substantially similar form that includes an objection form. The form’s real-property section refers to the sale terms and includes the probate-inventory value or an indication that no inventory is yet available (Judicial Council, Judicial Council form DE-165, Notice of Proposed Action, checked November 10, 2026).
Before delivery, review the described house and proposed terms against the proposed transaction. Probate Code section 10585 requires a reasonably specific description of the action.
How long do heirs have to object?
California requires delivery of the notice at least 15 days before the date stated in it on or after which the proposed action will be taken, and a written objection counts if delivered or received before the later of that stated date or the date the action is actually taken (CA Probate Code, California Probate Code sections 10586 and 1215, checked November 10, 2026) (CA Probate Code, California Probate Code sections 10587 and 10588, checked November 10, 2026). The date printed on the notice is therefore an action date, not necessarily the last moment to object if the action happens later.
If the action date affects your moving plans, I will map a listing calendar around the dates the attorney supplies. Text (213) 262-5092
For example, if the proposed action has not yet happened when the stated date arrives, the statutory comparison also looks to when the action is actually taken. A recipient should use the date on the notice to understand the proposed schedule and should not assume extra time will be available.
Section 1215 permits first-class mail within the United States, personal delivery, or electronic delivery when the recipient has expressly consented on the Judicial Council form and provided an electronic address. Mailed notice goes to the last known address; mailing or electronic delivery does not extend the notice period (CA Probate Code, California Probate Code sections 10586 and 1215, checked November 10, 2026).
A person entitled to notice may deliver a written objection to the personal representative at the address in the notice. The Judicial Council form may be used, or another writing may identify the action with reasonable certainty and say the person objects. Under section 10587, the writing counts if delivered or received before the later of the stated action date or the date the action is actually taken.
What happens if an heir objects?
A timely written objection or restraining order known to the personal representative means a real-property sale must proceed under the Probate Code’s court-supervision provisions rather than solely under IAEA authority (CA Probate Code, California Probate Code section 10589, checked November 10, 2026). The objector must receive notice of a hearing on a petition for court authorization or confirmation of the action.
If an heir objects, I will revise the proposed listing calendar around the executor's updated dates. Talk to Justin about your sale
An objection is a formal step with a practical effect on the proposed sale. A conversation among relatives about the price is different from a written objection delivered under the statute. A person entitled to notice may also obtain a court order restraining the representative from acting without court supervision (CA Probate Code, California Probate Code sections 10587 and 10588, checked November 10, 2026).
If notice was given and no timely objection or restraining order is made, the representative may proceed under the applicable IAEA procedure. Section 10590 generally limits later objections or court review by a person who received notice and did not object, or who waived notice or consented. The statute also provides exceptions, including when a person shows actual notice was not received before the objection deadline, and certain circumstances involving a minor or a person lacking capacity (CA Probate Code, California Probate Code section 10590, checked November 10, 2026).
For the distinction between the two sale routes, the separate comparison explains the IAEA and court-confirmation steps. After an objection, give the written objection to the estate attorney and pause the affected sale schedule while the next legal step is determined. The objector must receive notice of a hearing on a petition for court authorization or confirmation.
When an heir objects to the sale
I will adjust the escrow calendar for the estate home once the executor provides the revised dates.
How does the notice fit around listing the house?
The notice fits into the Los Angeles listing and escrow calendar through the dates and sale terms supplied by the executor and estate attorney. I coordinate preparation and offer deadlines with the dates supplied for the proposed sale.
The calendar should make room for the notice date, the proposed action date and any change caused by an objection. Those are separate from the practical work of preparing a home for sale.
Title and escrow requests can also affect the practical schedule; what they require varies by transaction.
Full and limited authority are addressed in the separate authority guide; the IAEA overview explains the broader framework. The notice must be delivered at least 15 days before the stated action date (CA Probate Code, California Probate Code sections 10586 and 1215, checked November 10, 2026).
Frequently asked questions
Does every relative receive the notice?
No. The statute lists known heirs and devisees whose estate interests would be affected, people who requested special notice, and the Attorney General in the specified escheat circumstance. Family relationship alone is not the complete test.
Can a beneficiary waive notice of this sale?
Yes. A person can waive notice in writing for the particular action, and the statute also describes a Judicial Council statutory waiver for a general waiver or a transaction type. Written consent to the proposed action is another provision. A written revocation takes effect when the personal representative receives it.
For an estate sale with questions about offer terms, I will explain the terms in the purchase offer to the executor. Text (213) 262-5092
Must the notice use DE-165?
No. Probate Code section 10585 permits the current Judicial Council form or a substantially similar notice that includes an objection form. DE-165 provides a structured way to present the action, date and real-property information.
Does a verbal complaint stop the executor from acting without court supervision?
A qualifying written objection or a restraining order has the effect described in the statute. A relative who disagrees with the proposed terms should look at the objection instructions in the notice and speak with counsel about the proper step. A family conversation is not a substitute for the statutory written objection.
Can an objection be made after the date printed on the notice?
Yes, in some circumstances. The statute measures the deadline against the later of the date stated in the notice or the date the action is actually taken. That distinction matters when the action has not occurred by the stated date. A recipient should not assume that the proposed action will be delayed.
Does silence prevent every later challenge to the sale?
No. Probate Code section 10590 describes a general waiver of later review or objection for a person who received notice and did not object, but it also provides exceptions. One concerns a person who shows that actual notice was not received before the objection deadline.
Keep the notice dates in view
For the inherited house, I will compare the proposed listing dates with the dates in the attorney’s notice.
Sources
- California Probate Code sections 10510 and 10511, California Probate Code (california.public.law). Checked November 10, 2026.
- California Probate Code section 10581, California Probate Code (california.public.law). Checked November 10, 2026.
- California Probate Code sections 10582-10584, California Probate Code (california.public.law). Checked November 10, 2026.
- California Probate Code section 10585, California Probate Code (california.public.law). Checked November 10, 2026.
- Judicial Council form DE-165, Notice of Proposed Action, Judicial Council of California (courts.ca.gov). Checked November 10, 2026.
- California Probate Code sections 10586 and 1215, California Probate Code (california.public.law). Checked November 10, 2026.
- California Probate Code sections 10587 and 10588, California Probate Code (california.public.law). Checked November 10, 2026.
- California Probate Code section 10589, California Probate Code (california.public.law). Checked November 10, 2026.
- California Probate Code section 10590, California Probate Code (california.public.law). Checked November 10, 2026.
About the author
Justin Borges
REALTOR® | CA DRE #01940318
Justin writes LA Metro Home Finder’s guides to 30+ communities across the San Gabriel Valley, Northeast LA, and greater Los Angeles, and has closed $200M+ in career sales with a 106% average list-to-sale ratio.
Justin has held an active California DRE salesperson license since October 2013. View Justin’s author profile.
This guide is educational and is not legal, tax, title, lending, or insurance advice. Contract forms, statutes, and lender rules change. Confirm the terms that apply to your sale with your escrow officer, title officer, lender, or a California real estate attorney.
