Full Authority vs. Limited Authority: What It Means for the Home Sale

When the court appoints a personal representative, it grants either full authority or limited authority under the Independent Administration of Estates Act. The choice is written on the Order for Probate and on the Letters, and it is the first thing we look for when a probate file comes in.

At Rooster Homes we sell probate homes in Los Feliz and across Los Angeles under both. The house is the same either way. What changes is who reviews the sale, how long the last stretch takes, and how buyers need to be prepared. Our walkthrough covers who has authority to sell for clients who want the plain version.

With full authority, the personal representative can list the home, accept an offer and move toward closing without a court hearing on the sale. Once an offer is accepted, the attorney sends a Notice of Proposed Action with the terms to the heirs and beneficiaries. They have 15 days to object. If no one does, escrow can close. If every person entitled to notice signs a waiver, escrow can close without waiting the 15 days.

For buyers, a full-authority sale runs much like a standard sale with a short, known wait built in. An objection to the notice is the one thing that can change that path, and when it happens, the attorney guides the next step. Keeping every heir informed with the same updates from the start often lowers the chance of one.

Full authority also means the sale does not have to wait on the court's calendar at the end. That matters most for a vacant house, where every extra month adds insurance, utilities and upkeep to the estate's costs, and for heirs who live out of state and are managing from a distance.

With limited authority, the sale needs court confirmation. The main steps:

• The price must be at least 90% of the probate referee's current appraisal.
• A notice of sale is usually published before an offer is accepted.
• The buyer clears their contingencies, other than confirmation, and the attorney files the report of sale and petition for confirmation.
• At the hearing, other buyers may overbid. The first overbid must be at least the accepted price plus 10% of the first $10,000 and 5% of the rest, and overbidders bring a deposit.
• The judge confirms the sale to the highest bidder, and escrow closes with the court's Order Confirming Sale.

For example, on an accepted price of $1,000,000, the opening overbid would be $1,000 plus $49,500, or $1,050,500.

Under full authority, we price for what buyers will pay today in the home's real condition, and an offer can move forward without waiting on the court. The showing feedback and offer history can still go to the attorney, so the sale is well documented for the heirs.

Under limited authority, the referee's value sets a floor, so it matters that the value reflects the real house. For older Los Feliz homes, where deferred work is common, we give the attorney interior photos and repair estimates to pass along to the referee early. We also prepare buyers for the confirmation process: the timeline, the deposit expectations and the chance of being overbid in court. A buyer who understands the process at the showing is far more likely to still be there at the hearing.

• No listing can be signed until Letters issue, and a probate listing runs no more than 90 days at a time.
• Escrow needs certified Letters and the Order for Probate, plus the Notice of Proposed Action or the Order Confirming Sale, and the estate's tax ID number.
• The sale money stays in the estate until the court orders distribution.
• We start the same day authority is in place, send a specific update after every showing and open house, and send weekly updates through closing, with the attorney copied when the client wants.

Knowing which kind of authority applies shapes the whole plan: the listing date, the escrow length, what buyers are told on day one. When a file arrives with the Letters attached, we can build that plan the same day.

If you are handling a probate with a Los Feliz home and want to talk through how the authority granted will shape the sale, we are glad to start with a confidential conversation.