IAEA Authority in California Probate: What It Is and Why You Must Request It

If you have been appointed as executor or administrator of an estate in California, one of the most consequential decisions you will make happens at your very first court hearing: whether to request Independent Administration of Estates Act (IAEA) authority. Most executors — especially those navigating probate for the first time — do not fully understand what IAEA authority is, what it covers, or how dramatically it can simplify the administration of an estate. This guide explains everything you need to know.

What Is IAEA Authority?

The Independent Administration of Estates Act, codified in California Probate Code §§10400–10592, allows a court-appointed executor or administrator to manage most aspects of an estate — including selling real property — without obtaining separate court approval for each action. Instead of filing a petition and attending a hearing every time you need to make a significant decision, you can act independently, provided you give proper notice to interested parties and follow the required procedures.

IAEA authority comes in two forms: limited and full. Limited IAEA authority allows independent action on most matters but still requires court confirmation for real property sales. Full IAEA authority removes that restriction, allowing the executor to sell estate real property without court confirmation — subject only to the notice requirements described below.

For estates that include real property in San Francisco or Marin County — which is the majority of probate estates in both counties, given local property values — the difference between limited and full IAEA authority is enormous. Full IAEA authority can eliminate two to four months from the timeline and tens of thousands of dollars in additional legal fees.

How to Request IAEA Authority

IAEA authority is requested in the initial Petition for Probate filed with the court. Your probate attorney will include the request in the petition, and the court will grant it at the first hearing unless there is a specific reason to deny it — such as an objection from a beneficiary or a provision in the will that limits the executor's powers.

If IAEA authority was not requested in the original petition, it can be requested later through a separate petition, but this adds time and cost. The most efficient approach is to request full IAEA authority from the outset.

What IAEA Authority Allows You to Do

With full IAEA authority, an executor can independently — without court approval — sell, exchange, or grant options on real property; borrow money and encumber estate property; pay debts and expenses; invest estate funds; and make distributions of specific property to beneficiaries. The executor must give advance notice of proposed actions to all interested parties (heirs, beneficiaries, and others entitled to notice), who then have 15 days to object. If no objection is filed, the executor can proceed.

This notice-and-wait process is far faster and less expensive than filing a court petition and attending a hearing. For a real property sale, the difference is typically two to three months and several thousand dollars in attorney fees.

What IAEA Authority Does Not Cover

Even with full IAEA authority, certain actions still require court approval. These include: making gifts from the estate; creating a trust; exercising an option to purchase real property; and certain transactions where the executor has a personal interest. Your probate attorney will advise you on which specific actions in your estate require court approval regardless of IAEA authority.

What Happens Without IAEA Authority

Without IAEA authority, every significant estate decision requires a separate court petition, a noticed hearing, and a judge's approval. For a real property sale, this means: filing a Report of Sale, publishing notice of the proposed sale, attending a court confirmation hearing where overbidding is permitted, and waiting for the court's order confirming the sale. This process typically adds two to four months to the sale timeline and significantly increases legal fees.

In San Francisco, where court hearing dates are scheduled six to eight weeks out and the confirmation process is well-established, the practical impact of lacking IAEA authority is substantial. For beneficiaries waiting for their inheritance, for creditors waiting to be paid, and for the estate paying carrying costs on real property during administration, every month of additional delay has a real dollar cost.

The Bottom Line for Executors

If you are about to file for probate in San Francisco or Marin County, request full IAEA authority in your initial petition. If you have already been appointed without IAEA authority, speak with your probate attorney about filing a petition to obtain it. The time and cost savings are almost always worth it — and for estates that include real property, full IAEA authority is one of the single most valuable tools available to an executor.