Full Authority vs Limited Authority in Probate California

Short Answer

In California probate, full authority generally lets the personal representative (often the Executor) complete many transactions—especially probate sales—with more autonomy and less court supervision, usually by serving a Notice of Proposed Action (NOPA) and waiting through a 15-day window for objections. In contrast, limited authority usually requires probate court involvement (including a confirmation hearing) before the representative can accept an offer and finalize the selling price for real property.

Introduction: Probate Isn’t Just a “Process”—It’s a Permission System

Probate is a court-supervised process that transfers assets after a date of death. In many states, families expect probate to take a long time—often one year or more—because the court controls timing, paperwork, and approvals. California can move faster in some cases, but only when the right authority level applies.

Here’s the practical reality: authority determines whether a representative can act quickly with little time between an offer and a closing—or whether the court inserts a formal waiting period, extra filings, and a public overbid process. That difference matters most when the estate includes probated property like a home, especially when buyers watch interest rates, scheduling, and repairs.

The “Order for Probate” Moment—How Authority Starts

The probate court opens the case through an Order for Probate and then issues the documents that let someone act for the estate. When a will exists, the court often issues Letters Testamentary. When no will exists, the court typically issues a different appointment document, but the outcome stays similar: the court appoints a personal representative to handle the administrative process.

That representative must complete core duties, such as:

• Collecting assets and safeguarding possession

• Notifying heirs and beneficiaries

• Managing deadlines and required documents

• Coordinating with a probate attorney on filings and compliance

• Handling property maintenance, insurance, and, when needed, a sale through a real estate professional

This is where the key differentiation begins: the court can grant limited authority or full authority—and that decision controls authorization, court supervision, and the level of paperwork required to transfer or sell property.

Limited Authority—When the Court Keeps a Tight Grip

Limited authority probate typically means the representative cannot freely sell real property without court involvement. As a result, probate sales often follow a more rigid track:

1. The representative lists the property through real estate agents (or another agent) using a probate listing.

2. The property gets listed on the market, the agent collects offers, and the representative chooses a proposed buyer.

3. The representative signs a probate purchase agreement (often with special language about court approval and timelines).

4. The representative files the deal with the court and sets a confirmation hearing date.

Because the court controls the final step, the “accepted” deal stays tentative. Even if the representative wants to accept offer, the court can require a public overbid process—effectively a court auction—where the winning bidder may replace the original buyer.

Why buyers care

Limited authority changes buyer psychology. Buyers often worry about:

• Delay risk (“This might take three months or longer.”)

• Re-trading risk (someone can overbid at confirmation)

• Uncertainty around escrow, repair requests, and contingencies

In other words, limited authority can slow a sale, increase friction, and invite resistance from impatient buyers—even when the property is priced fairly.

Full Authority—More Discretion, Less Court Confirmation

With full authority, the representative usually gains broader discretion to act without seeking court permission for every step. That said, full authority does not mean “no rules.” Instead, the representative often uses a structured notice system—most famously the Notice of Proposed Action, or NOPA.

The NOPA mechanics (and what must be included)

When the representative proposes to sell estate property, the representative typically sends copies of the NOPA to interested parties—often heirs and beneficiaries—and includes pertinent data, such as:

• The buyer name

• The purchase price

• A summary of key terms from the purchase agreement

• Timing and other material conditions

Then a clock starts. If recipients do nothing, the representative can proceed after the notice period. If someone objects, the representative may need court involvement anyway.

The 15-day window

Full authority commonly includes a 15-day window during which recipients can object. If no one objects, the representative can usually move forward without a court confirmation hearing. Therefore, full authority often shortens the path from offer to closing and gives the transaction more predictable momentum.

Why full authority often feels “better” in real estate

Full authority can reduce the number of court steps, which often means:

• fewer scheduling delays

• less risk of a public overbid event

• fewer “deal-killing” surprises for buyers

Consequently, many practitioners consider full authority desirable when the estate holds real property, and the goal is to get it sold efficiently.

Appraisals and Valuation—The Probate Referee Timeline That Shapes Pricing

Regardless of authority level, valuation drives strategy. California typically involves a court-appointed probate referee who performs valuation for non-cash assets and prepares the Inventory and Appraisal.

Here’s the timing pressure point: estates often wait for the referee’s work, and that can feel like “no movement” for families and agents. People describe it as a “no appraisal wait,” and it can consume 60 days in some cases, depending on workload and complexity.

The appraisal rule that controls many sales decisions

In many probate sale contexts, the court uses a threshold tied to appraisal. People often reference the appraised home value and a minimum sale target—commonly 90 percent of appraised value—before the court considers confirmation. Meanwhile, when the market shifts, the representative may need a Reappraisal for Sale Inventory and an Appraisal to reflect fair market value closer to the sale date.

Over the life of the case, a representative may also deal with:

• a Final Inventory and Appraisal after major changes or liquidation

• Re-checking the condition and pricing when time passes

• making choices to prevent deterioration, vacancy issues, or even a forced foreclosure sale in extreme situations

Court Confirmation Sales—Deposits, Publication, and the Overbid Reality

When limited authority requires court confirmation—or when a sale otherwise lands in a confirmation track—the court often requires formal notice and public procedures.

Common features include:

• Notice of Sale of Real Property published in a local publication on three occasions, often with timing rules like “at least 10 days before” a key court event or “once a week following” a schedule set by local practice

• a confirmation hearing where the judge reviews the deal

• a public overbid event that resembles a court auction

Deposits and numbers buyers must understand

Court processes often require meaningful deposits:

• An initial probate sale deposit sometimes appears as 3 percent in many transactions (commonly negotiated in the contract and handled through escrow rules and contingencies).

• At a court overbid stage, courts often expect a larger immediate deposit—often 10 percent of the bid from the winning bidder—to demonstrate seriousness.

Because these rules change buyer behavior, real estate agents and any real estate professional handling a probate listing must explain timelines clearly, including when the property transfers possession, when escrow can close, and how commission works under a court-confirmed structure.

Strategy Lens—Choosing Authority With the Estate Plan in Mind

Authority does not operate in a vacuum. The best outcomes start with an estate plan designed to reduce court friction. A properly funded trust can often avoid probate entirely, which removes the court confirmation question and can speed transfers dramatically.

However, families often enter probate without a trust, or with a trust that never got funded. When that happens, choosing or obtaining full authority (when available) can reduce delay, while limited authority can increase structure and oversight when the estate faces complexities, contested dynamics, or heightened risk.

Either way, the representative must document decisions carefully, coordinate filings that get filed with the court, and manage expectations about timing—because even efficient cases can still run one year or more depending on creditor issues, tax needs, litigation, and real property complications.

Conclusion

Full authority and limited authority don’t just sound different—they create two different probate worlds. Full authority usually increases autonomy and can streamline probate sales through NOPA procedures and a predictable objection period. Limited authority usually adds court confirmation, public auction risk, extra notice steps, and slower closings.

For a phone-based conversation about authority, probate timelines, and real estate sale mechanics in California—including NOPA, court confirmation, valuation, and escrow—call Moravec Varga & Mooney. Services include Probate, Trusts & Wills, Trust Administration, Medi-cal Planning, Pre & Post Nuptial Agreements, and Estate Tax.