California IAEA: Full vs Limited Authority

Quick answer: full IAEA authority lets a personal representative sell real estate and handle most transactions with just a 15-day Notice of Proposed Action — no court confirmation hearing. Limited authority still requires court approval for real property sales. Without IAEA at all, nearly everything needs a confirmation hearing. See how this affects your own estimate in the California probate timeline calculator.

Side by side

	Full authority	Limited authority	No IAEA
Sell real estate	No court confirmation needed	Court confirmation required	Court confirmation required
Real estate sale subject to overbidding	No	Yes	Yes
Notice mechanism	15-day Notice of Proposed Action	15-day notice (non-real-estate actions)	Court hearing for most actions
Typical speed	Fastest	Moderate	Slowest
Bond	May still be required for real estate cash sales	Typically required	Typically required

Requesting IAEA authority

Prob. Code § 10450 et seq.: IAEA can be requested in the initial probate petition, or filed separately once administration is already underway. The petitioner specifies full or limited authority, and the court must grant it unless someone objects with good cause. A will can also expressly authorize or deny IAEA powers, which the court will follow.

The real difference: real property

Full and limited authority overlap on most routine transactions — both use the Notice of Proposed Action mechanism for many actions. The real split is real property: full authority lets the personal representative sell or exchange real estate on their own terms with no court confirmation hearing and no overbid process, while limited authority sends any real property sale straight to a confirmation hearing, where the accepted offer can be outbid on the spot by 10% or more.

What IAEA never excuses

Certain actions always require court approval no matter the authority level, and if the personal representative or their attorney is the one buying estate property or otherwise on the other side of a deal, additional restrictions apply regardless of IAEA status — the exceptions exist specifically to prevent self-dealing.

Facing probate in California?

A local probate attorney can review your estate — many offer a free consultation.

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Full vs limited authority — frequently asked questions

What does IAEA full authority let a California executor do?

Sell, exchange, or borrow against real property, and handle most other significant estate transactions, without a court confirmation hearing — only a 15-day Notice of Proposed Action to beneficiaries, which they can waive to move even faster.

What can't a California executor do even with full IAEA authority?

Certain actions always require court approval regardless of authority level, and additional restrictions apply if the personal representative or their attorney is the one on the other side of a transaction — conflict-of-interest situations aren't excused by IAEA authority.

How does a California estate get IAEA authority?

By requesting it in the initial probate petition, or filing separately at any point during administration. The court must grant it unless someone objects with good cause — a will can also expressly grant or deny it.

What happens without any IAEA authority in California?

The estate proceeds under full court supervision, meaning a confirmation hearing — and for real estate, a 10% overbid process — for nearly every significant transaction, which is the slowest and most expensive way to administer a California estate.

Estimate for general guidance only, not legal advice. Based on Prob. Code § 10400-10592. Which authority level fits a specific estate depends on its own facts. Consult a licensed California attorney before proceeding.