Full Authority vs Limited Authority Under the IAEA

This distinction controls how your home sale will go, so it is worth understanding clearly. The Independent Administration of Estates Act lets a personal representative handle most of the estate without court supervision. The court grants either full or limited authority.

Full authority

With full authority, you can sell, exchange, or option the real property at your discretion. The sale does not require court confirmation, is not subject to the overbid process, and is not locked to 90 percent of appraised value. You still must give a Notice of Proposed Action to interested parties. This is the faster, cleaner path and functions much like an ordinary sale.

Limited authority

With limited authority, court supervision is required to sell real property. That means a confirmation hearing, the 90 percent minimum price rule, and exposure to overbids. Securing full authority at the outset is one of the most valuable things a representative can do.

California Probate Code sections 10400 and following, 10501, and 10503. Not legal advice.