California Real Estate Sale: Do You Need Court Approval?

One request in the initial petition decides whether a sale takes weeks or adds a confirmation hearing with overbidding.

California Probate Code §10400-10600

Quick answer: not with full IAEA authority — the executor skips the court-confirmation hearing entirely. With limited authority, or without IAEA at all, the sale still needs one. Run your own numbers in the California probate real estate sale calculator.

Requesting IAEA authority isn't automatic

How it's granted: the personal representative must request it, either in the initial Petition for Probate or in a separate petition filed later, and the court must approve it. Any interested party can object to the initial grant, and the court may then deny it or grant only limited authority instead.

Full authority: no confirmation hearing, no 90% rule

Full authority lets the personal representative sell real property without a court-confirmation hearing, and without the usual requirement that the sale price be at least 90% of the appraised value — both real time-savers on a property sale.

Limited authority: the sale still goes to a hearing

Limited authority still requires court confirmation for real property sales, even though it grants independence for most other estate actions. A sale under limited authority means filing a petition, waiting 30-45 days for a hearing date, publishing notice, and attending the hearing itself — adding roughly 60 to 120 days versus full authority.

The Notice of Proposed Action still applies either way

Even under full authority, a Notice of Proposed Action must be given before selling real property, with a 15-day window for interested parties to object. Objecting requires the personal representative to seek court approval before proceeding — full authority reduces court involvement, but it doesn't remove a beneficiary's ability to object.

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Whether authority is full or limited, the underlying statutory fee schedule for the executor and attorney under Probate Code §10800 and §10810 applies exactly the same way — in Los Angeles, Riverside, Orange County, or anywhere else in the state.

Court approval to sell — frequently asked questions

How does an executor get IAEA authority in California?

The personal representative must request it, either in the initial Petition for Probate or in a separate petition filed later, and the court must approve it — it is not automatic, and any interested party can object to the initial grant.

What is the practical difference between full and limited IAEA authority?

Full authority allows the personal representative to sell real property without a court-confirmation hearing and without the requirement that the price be at least 90% of the appraised value. Limited authority still requires court confirmation for real property sales, even though it allows independence for most other actions.

What is a Notice of Proposed Action, and does full authority skip it too?

No — even under full authority, a Notice of Proposed Action must be given before selling real property, giving interested parties a 15-day window to object; only the separate court-confirmation hearing is skipped, not this notice requirement.

Can beneficiaries block a sale under full IAEA authority?

They can object during the Notice of Proposed Action's window, which requires the personal representative to seek court approval before proceeding — so full authority reduces court involvement but doesn't eliminate a beneficiary's ability to object.

How much longer does a sale take under limited authority?

Roughly 60 to 120 days longer — limited authority requires filing a petition, waiting for a hearing date, publishing notice, and attending the confirmation hearing itself, with the possibility of overbidding at that hearing.

This page provides general guidance only and is not legal advice. Based on California Probate Code §10400-10600. Whether full or limited authority applies depends on the estate's own facts. Confirm with the county Superior Court or a licensed California attorney before acting.