Key Takeaways

• The Independent Administration of Estates Act (IAEA) lets a personal representative handle most of an estate without a court order for each step — the default for most California probates.
• A representative can have full or limited authority.
• With full authority, the representative can do most things — including selling real estate — by giving a Notice of Proposed Action instead of getting a court order.
• With limited authority, certain actions (notably selling real estate) still require court confirmation.
• IAEA makes probate faster and cheaper, but the representative still owes full fiduciary duties and the court still supervises the start and end.

What the IAEA Is

Probate has a reputation for requiring a court hearing at every turn. For most California estates, that reputation is outdated — because of the Independent Administration of Estates Act, usually just called the IAEA. It lets a personal representative carry out the bulk of administration independently, without going back to the judge for permission each time they need to act.

Without the IAEA, a representative might need a court order to sell a stock, pay a claim, or list the house. With it, they can do most of those things on their own authority — often after simply giving advance notice to the people affected. The vast majority of California probates are administered this way, which is a big part of why the process, while slow, isn’t a constant parade of hearings.

Full Authority vs. Limited Authority

When the court appoints a representative, it grants either full or limited authority under the IAEA. The difference matters most for real estate.

Full authority lets the representative do nearly everything administration requires — including selling, exchanging, or borrowing against real property — without a court confirmation hearing. For most actions, they either act outright or give a Notice of Proposed Action first (explained below).

Limited authority covers most ordinary administration, but excludes certain big-ticket real-property transactions. With limited authority, the representative generally must still get court confirmation to sell or exchange estate real estate, or to borrow money secured by it.

Which one a representative gets depends on what’s requested in the petition and whether anyone objects. Full authority is common; limited authority sometimes results when there’s reason for closer court oversight.

The Notice of Proposed Action

The engine that makes independent administration work is the Notice of Proposed Action, or NOPA. Instead of asking the court’s permission before a significant action, the representative notifies the interested parties of what they intend to do and gives them a chance to object.

Here’s the rhythm:

• The representative sends a written NOPA to the beneficiaries and other interested parties, describing the proposed action (say, selling a particular asset) and the approximate terms.
• The recipients have a set window — generally 15 days — to object in writing.
• If no one objects, the representative can proceed without a court order.
• If someone objects, the representative either holds off or asks the court to authorize the action, putting the decision back in front of the judge.

This shifts the default: rather than “ask permission first,” it’s “give notice, and proceed unless someone objects.” It’s faster and cheaper, while still giving beneficiaries a way to raise concerns before an action is taken.

Serving as a representative and unsure whether an action needs a NOPA, a court order, or neither? Getting this wrong can create personal liability. Bay Legal can help you administer correctly. For guidance on your specific situation, call (650) 668-8000 or schedule a consultation at baylegal.com/contact.

What Still Requires the Court

Even with full authority, the IAEA doesn’t remove the court entirely. Some things always run through the judge:

• Opening the estate and appointing the representative,
• Allowing the representative’s and attorney’s compensation,
• Settling the final account and ordering distribution, and
• Certain other specified actions.

And some actions, regardless of authority level, require advance notice (a NOPA) even though no court order is needed. The IAEA streamlines the middle of administration; the court still bookends the beginning and the end.

Why It Matters to You

For a representative, IAEA authority — especially full authority — is what makes the job manageable without a lawyer at every step and a hearing for every decision. It’s also where personal liability can creep in: acting without the required notice or beyond one’s authority is a misstep that can come back on the representative.

For a beneficiary, the NOPA process is the main built-in protection during the independent phase. A NOPA in the mail isn’t junk — it’s the moment to speak up if a proposed sale or action looks wrong, because the chance to object is time-limited.

Got a Notice of Proposed Action and not sure whether to object? The objection window is short, so it’s worth understanding quickly. For guidance on your specific situation, call (650) 668-8000 or schedule a consultation at baylegal.com/contact.

How This Fits With the Rest of Probate

IAEA authority shapes how the personal representative carries out nearly every task — from selling property to paying claims — between getting appointed and the final accounting. It’s especially important when the estate includes real estate to sell. For the full process, see our complete guide to California probate.

Frequently Asked Questions

What is the Independent Administration of Estates Act in California?

It’s a law that lets a personal representative handle most of probate without a separate court order for each action, often by giving advance notice instead. Most California estates are administered under it.

What’s the difference between full and limited authority?

Full authority lets the representative do nearly everything, including selling real estate, without court confirmation. Limited authority covers most administration but generally still requires court confirmation to sell or borrow against estate real property.

What is a Notice of Proposed Action?

It’s a written notice the representative sends to interested parties describing an action they intend to take. If no one objects within the set window (generally 15 days), the representative can proceed without a court order.

Can an executor sell a house without court approval in California?

With full authority under the IAEA, often yes — typically after giving a Notice of Proposed Action. With limited authority, selling estate real estate generally still requires court confirmation.

Does the IAEA eliminate court involvement?

No. The court still opens the estate, approves compensation, and settles the final account and distribution. The IAEA streamlines the steps in between.