What's the difference between full and limited authority in probate?
By Sam Yusufi, Certified Probate & Trust SpecialistUpdated
It's the level of power the court gives the Personal Representative. With full authority under California's Independent Administration of Estates Act (IAEA), they can sell the house without a court hearing, after giving heirs 15 days' written notice. With limited authority, the sale needs a court confirmation hearing, where other buyers can overbid.
Under the IAEA, the Personal Representative can sell the home without a court hearing, as long as every heir gets written notice first.
Usually faster and more private.
The sale needs a court hearing to be confirmed, and other buyers can outbid the accepted offer at that hearing.
Adds a court date and a bidding step.
Where to find out which one applies
It's written in the Personal Representative's Letters. It's worth confirming before anyone talks about price or a listing date, because it changes the timeline.
What full authority still requires
Even with full authority, the Personal Representative sends a Notice of Proposed Action to every heir before the sale. If someone objects within 15 days, the sale goes to the court after all.