Notices, Creditors & Administration

Full vs. Limited Authority Under the IAEA in California

By Grant A. Toeppen

The Independent Administration of Estates Act (IAEA) lets a personal representative handle most estate business without asking the court for permission at every turn. When the court grants this authority, it comes in one of two forms — full or limited — and the difference matters most when there is real estate to sell.

Full authority

With full authority, the representative can do almost everything independently, including selling estate real estate, typically by giving a Notice of Proposed Action rather than obtaining court confirmation first. This is faster, less expensive, and far more flexible.

Limited authority

With limited authority, the representative can still handle most matters independently — paying debts, selling securities, managing assets — except they cannot do the following without returning to court for confirmation:

Sell or exchange estate real property
Grant an option to purchase real property
Borrow money secured by an encumbrance on real property

Everything else generally works the same as full authority.

Side-by-side

Action	Full Authority	Limited Authority
Sell securities, pay debts, manage assets	Yes, with notice of proposed action	Yes, with notice of proposed action
Sell or exchange estate real estate	Yes, with notice of proposed action	Court confirmation required
Grant an option to buy real property	Yes, with notice	Court confirmation required

Why it comes up early

Whether you have full or limited authority can determine whether selling the family home takes a clean, ordinary-looking sale or a slower, court-confirmed one. If a real estate sale is anywhere on the horizon, full authority can save months and reduce cost.

Whether the court grants full authority depends on the will's terms and on whether interested parties object. In many uncontested estates, full authority is available and well worth requesting at the outset.

We request the broadest authority the estate qualifies for at the start, so the representative isn't forced back into court for routine steps later — particularly important when a property needs to be sold and the family lives far away. Request a consultation.

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Frequently Asked Questions

What is the difference between full and limited IAEA authority? Full authority lets the representative sell real estate with only a notice of proposed action; limited authority requires court confirmation to sell or exchange real property.

Can a representative with limited authority sell the house? Yes, but only with court confirmation, which is slower and may involve courtroom overbidding. Full authority avoids that.

How do you get full authority under the IAEA? It is requested in the probate petition. Whether it's granted depends on the will and on whether interested parties object.

Does IAEA authority apply automatically? No. The representative must request independent administration, and the court grants either full or limited authority.

Why does full authority matter for out-of-state families? It allows the home to be sold with a mailed notice rather than a court hearing, which is far easier to manage from a distance.

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