By Bart Hubbard, Realtor, DRE #01815497 | Published August 10, 2026 | Updated October 1, 2026
Full IAEA authority lets a California executor sell the estate’s house like a regular seller, after giving heirs at least 15 days’ written notice, with no court hearing. Court confirmation means a judge must approve the sale at a hearing, the price must be at least 90% of the appraised value, and other buyers can overbid in the courtroom. Limited IAEA authority does not cover real estate, so a representative with limited authority must use court confirmation.
IAEA stands for the Independent Administration of Estates Act. It lets the court grant a personal representative, the executor or administrator, power to handle many tasks without asking a judge each time. The court can grant full authority, limited authority or none.
The thing most executors get wrong is assuming full authority means no one can stop the sale. Any heir who receives the notice can object in time, and that objection moves the sale back under court supervision.
Key Facts
- A California sale under full IAEA authority skips court confirmation, including publication, the 90% minimum and court review (Prob. Code 10503).
- Limited IAEA authority in California requires court supervision to sell, exchange, option or borrow against real property (Prob. Code 10501(b)).
- A California Notice of Proposed Action must be delivered at least 15 days before the date of the proposed action (Prob. Code 10586).
- A timely objection to a California Notice of Proposed Action requires court supervision for that action (Prob. Code 10589).
- A California court-confirmed private sale must be at least 90% of an appraisal made within one year before the hearing (Prob. Code 10309).
- A California probate overbid must be at least 10% more on the first $10,000 and 5% more on the rest of the original bid (Prob. Code 10311).
- In a California probate, no one can sell until letters issue (Prob. Code 8400).
How Do You Know Which Authority You Have?
Look at your letters. Letters are the court document that proves your appointment, called letters testamentary when there is a will and letters of administration when there is not.
The Judicial Council Letters form, DE-150, has a box stating that the representative may act under the IAEA “with full authority” or “with limited authority.” Check which box the court marked.
If you are unsure, ask the estate’s probate attorney before signing a listing. The answer sets which sale path the estate can use.
What Can a Representative Do With Limited IAEA Authority?
A representative with limited authority can handle many routine tasks, but not real estate. Selling, exchanging, granting an option on, or borrowing against estate real property all require court supervision (Prob. Code 10501(b)).
If your letters show limited authority, plan for court confirmation of the house sale from the start.
How Does a Sale Work Under Full IAEA Authority?
The executor accepts an offer, then sends a Notice of Proposed Action describing the sale. The notice goes to each known heir or devisee whose interest is affected, anyone who asked for special notice, and the Attorney General if the estate may pass to the state (Prob. Code 10581).
The notice must be delivered at least 15 days before the date it names for the sale (Prob. Code 10586). Recipients can sign a consent or waive notice, which can shorten the wait (Prob. Code 10582 and 10583). If no one objects, escrow closes like a regular sale.
What Happens If an Heir Objects?
The sale must go to court. An objection delivered or mailed to the representative on or before the date in the notice forces court supervision for that action (Prob. Code 10587 and 10589).
A person who received the notice and did not object generally gives up the right to have the court review that action later (Prob. Code 10590). That is why clear communication with heirs matters. When siblings are at odds, see what to do when siblings disagree about selling.
How Does a Court-Confirmed Sale Work?
The executor accepts an offer subject to court confirmation, and the attorney files a petition for a hearing. Unless an exception applies, a notice of sale is published first (Prob. Code 10300).
At the hearing, the judge checks the 90% minimum and opens the floor to overbids. The court confirms the sale to the highest qualifying offer (Prob. Code 10313) and sets the broker’s commission (Prob. Code 10161).
In Sacramento, hearings are in Dept. 126 or Dept. 129 at the William R. Ridgeway Family Relations Courthouse, based on the case number’s last digit (department assignments). The full overbid process is covered in how probate court confirmation and overbids work.
Which Path Is Usually Faster?
Full IAEA authority is usually faster. The minimum wait is the 15-day notice period, and escrow can run in parallel.
Court confirmation adds the time to get a hearing date, and the buyer must wait for the judge’s approval before closing. The wait for a hearing varies with the court’s calendar, so ask the estate’s attorney for current timing in your department. For overall timing, see how long probate takes in Sacramento County.
Which Path Usually Brings a Better Price?
Neither path guarantees a higher price. Court confirmation opens the sale to overbids in the courtroom, which can push the price up. Some buyers skip court-confirmation listings, though, because they must wait and may be outbid.
Full IAEA authority lets the executor market the home like any other listing and negotiate normally. The executor still owes the estate a duty to get a fair price.
Can an Executor With Full Authority Still Choose Court Confirmation?
Yes. Even with IAEA authority, a personal representative “may obtain court supervision” of any action during the administration, under Probate Code 10500(b). Some executors choose this when heirs are likely to object anyway, or when they want a judge’s approval on record.
Sacramento’s probate rules are in Chapter 4 of the local rules (Rules 4.00 through 4.85), effective July 1, 2026 (Sacramento local rules). The estate’s attorney can advise on which path fits.
What Does This Look Like With Real Numbers?
Illustrative example, not a real client.
The probate referee appraises an estate’s house at $480,000. The executor accepts an offer of $440,000.
Path 1: Full IAEA authority.
- The 90% minimum does not apply (Prob. Code 10503).
- The executor delivers the Notice of Proposed Action on March 1.
- March 1 + 15 days = March 16, the earliest date the notice can name for the sale.
- If no heir objects by then, escrow can close at $440,000.
Path 2: Court confirmation.
- 90% floor: 0.90 x $480,000 = $432,000. The $440,000 offer clears it.
- Minimum overbid: $440,000 + (10% x $10,000) + (5% x $430,000)
- That is $440,000 + $1,000 + $21,500 = $462,500
- Any new bidder at the hearing must offer at least $462,500.
Change one fact: the offer is $425,000.
- $425,000 is below the $432,000 floor, so a court cannot confirm it.
- Under full IAEA authority, the 90% rule does not apply, so the executor can send the notice.
- If one heir objects in time, the sale moves to court supervision, where $425,000 fails the 90% test.
The same offer can work under one path and fail under the other.
What Mistakes Should You Avoid?
- Listing before letters issue. No one has authority to sell until the court issues letters.
- Assuming limited authority covers the house. The sale will stall until the estate petitions for confirmation.
- Skipping heirs on the notice list. An heir who never got notice keeps the right to ask the court to review the sale.
- Naming a date less than 15 days out. A short notice period can make the notice defective.
- Ignoring an objection. A timely objection requires court supervision, so the sale cannot close under IAEA authority alone.
Summary
- IAEA authority is granted as full, limited or none, and the letters show which.
- Full IAEA authority lets an executor sell without court confirmation (Prob. Code 10503).
- Limited IAEA authority does not cover selling real property (Prob. Code 10501(b)).
- A Notice of Proposed Action goes to affected heirs and devisees at least 15 days before the sale date (Prob. Code 10581 and 10586).
- A timely objection forces court supervision (Prob. Code 10589), and silence waives later court review (Prob. Code 10590).
- Court confirmation requires publication, a price at least 90% of a recent appraisal, and an open overbid at the hearing.
- The minimum overbid is 10% more on the first $10,000 and 5% more on the rest of the original bid.
- Sacramento probate hearings are in Dept. 126 or Dept. 129 at the Ridgeway courthouse.
Run your numbers: Use the Probate Timeline Calculator to compare how long the sale may take with full IAEA authority versus court confirmation.
Next Steps
Talk with Bart: Book a free 15-minute call. I’ll listen to where you are in the process, look at the property, and tell you your options, including the ones that don’t involve hiring me.
Download the Sacramento-Area Probate Home Sale Guide: A free PDF that walks through both sale paths, step by step, including the notices and hearing.
This article is general information, not legal or tax advice. Probate and tax rules depend on your facts. Talk with a California probate attorney or CPA before acting. Figures current as of October 1, 2026.
About the Author
Bart Hubbard is a Realtor with HomeSmart ICARE Realty (DRE #01815497) and a C.A.R. Certified Probate and Trust Specialist who helps families across the greater Sacramento area sell inherited, probate and trust homes. He works alongside probate attorneys, fiduciaries and local vendors to handle pricing, cleanouts, repairs and court-confirmation sales, so executors can focus on their families. More about Bart is on his bio page.
Comments
3 responses to “Full IAEA Authority vs. Court Confirmation: What’s the Difference?”
[…] A long probate can make the appraisal stale, which may require an updated one. Executors with full authority under the Independent Administration of Estates Act (IAEA) skip this minimum under Probate Code 10503. See Full IAEA Authority vs. Court Confirmation. […]
[…] A sale also goes to court when an heir objects to a Notice of Proposed Action, or when the representative chooses court supervision. The differences are explained in full IAEA authority vs. court confirmation. […]
[…] An objection changes the path, not the outcome. The judge decides whether the sale goes forward. See Full IAEA Authority vs. Court Confirmation. […]