The Independent Administration of Estates Act (often called the IAEA) is the California law that lets an executor or administrator handle many probate tasks, including selling a house, without asking the court for permission at every step. If you’re the personal representative of an estate with a house, whether you have full authority or limited authority under this law makes a big difference in how the sale works and how long it takes.

We’ve been buying houses in California since 2003, including more than 100 inherited and probate homes, usually from the court-appointed executor or administrator working with their probate attorney. We’re not attorneys, so please rely on your probate attorney for your case. Here’s a plain-English overview.

What the Independent Administration of Estates Act Does

The IAEA is found in the California Probate Code starting at section 10400. When you petition to open probate, you can ask the court for authority to administer the estate under the act. If the court grants it, you can take many actions with less court supervision.

The will can limit or prohibit independent administration, and the court decides what to grant, so not every estate qualifies.

Full Authority vs. Limited Authority

This is the key difference for selling a house.

Full authority

With full authority, the personal representative can generally sell real estate without a court confirmation hearing. Instead, they give the heirs and other interested people a Notice of Proposed Action before the sale.

Limited authority

With limited authority, the personal representative can still handle many estate tasks, but selling real estate generally requires court confirmation. That means a court hearing, and often a longer timeline.

How a Full Authority Sale Typically Works

1. The house is valued. Probate homes are generally appraised as part of the inventory. Our guide on the date of death appraisal explains why that value matters.
2. The personal representative accepts an offer, often subject to the notice period.
3. A Notice of Proposed Action is sent (Judicial Council form DE-165) to the heirs and other interested people, describing the sale and its terms. The notice is generally given at least 15 days before the action.
4. If no one objects, the sale can generally move forward and close through escrow.
5. If someone objects, the personal representative generally can’t proceed under independent authority and would need court approval instead.

Because there’s no court hearing, a full authority sale is often faster and more predictable for buyers, which can matter when the house needs work or the heirs live far away.

How a Court Confirmation Sale Works

When the personal representative has limited authority, or when someone objects, the sale generally goes to a court confirmation hearing:

• The accepted offer is submitted to the court for approval
• At the hearing, other buyers can overbid by at least a minimum amount set by law
• The court confirms the sale to the highest qualified bidder
• Escrow closes after the court order

This process adds time and some uncertainty for both the estate and the buyer, since the original buyer can be outbid in court. Our article on how long probate takes in California covers the overall timeline.

Tips for Executors and Administrators

• Ask your attorney early whether you have full or limited authority. It’s shown on your Letters and in the court’s order.
• Talk with the heirs before sending the notice. An objection can push the sale into court. Clear communication about the price and the reasons behind it can prevent surprises.
• Keep documents organized, including the appraisal, offers, and any repair bids. They help the heirs understand the decision.
• Remember you’re a fiduciary. You’re acting for the estate and its heirs, not yourself.

Selling a Probate House for Cash

When we buy a probate house, we work with the personal representative, the probate attorney, and a licensed title and escrow company. Our offer comes with proof of funds and is based on comparable sales, our estimate of the work the house needs, and our holding and resale costs, and we’ll explain the numbers to the heirs if you’d like. There are no commissions, we cover typical closing costs, and the house can be sold as-is with belongings: take what you want, and we donate what we can to charity and dispose of the rest. Once the legal steps are in place, we can often close in as little as 7 days, though every estate is different. For the full process, see our guide to selling an inherited house in California.

When a Cash Sale Isn’t the Best Option

If the house is in good condition, the heirs are aligned, and the estate isn’t under time pressure, listing with an agent who knows probate sales will often bring a higher price. A cash sale tends to fit best when the house needs significant work, it’s full of belongings, the heirs live out of the area, or the family wants a simpler, more certain close.

Frequently Asked Questions

Talk It Through

If you’re an executor or administrator deciding what to do with a probate house, we’re happy to talk it through and give you a no-obligation cash offer you can share with the heirs. No pressure. Call Lawrence at (510) 824-8710 or fill out the form below.