Full vs. Limited Authority: The One Choice That Defines Your Probate Sale

When a California court appoints an executor, it grants them power under the Independent Administration of Estates Act (IAEA). This power comes in two forms: "full authority" or "limited authority." This isn't a minor detail—it's the fork in the road that determines the entire strategy for selling the estate's real estate.

The Freeway: Full Authority

This is the most common, flexible, and efficient path. Full authority allows an executor to operate much like a traditional home seller. You can list the property, negotiate offers, and accept a bid without direct, continuous court supervision. The only major requirement is sending a "Notice of Proposed Action" (NOPA) to all heirs, giving them a 15-day window to object. If no objections are raised, you are clear to close the sale. It’s faster, simpler, and often leads to a better financial outcome.

The Scenic Route: Limited Authority

This path requires constant court oversight and is full of mandatory stops. While you can still list the property and accept an offer, the sale is not final. It is merely a starting point. The sale must be confirmed by a judge in a court hearing, where the property is opened up to overbidding from other potential buyers, much like an auction. This process extends the timeline, introduces uncertainty, and can complicate the sale.