In This Guide
Plain English Explanation
Independent Administration is like a 'fast pass' for probate. Instead of going to court and waiting for approval every time you need to sell property, pay debts, or make estate decisions, you can act on your own authority. You just need to give interested parties (beneficiaries) notice of what you're doing, and if no one objects within 15 days, you can proceed. This saves enormous time and money compared to supervised administration.
Key Points to Remember
Full Statutory Text
(a) If the personal representative is authorized to administer the estate under this article, the personal representative may do any of the following without the need to obtain prior court authorization, approval, confirmation, or instructions: (1) Sell, lease, or exchange real or personal property of the estate at public auction, private sale, or otherwise. (2) Complete a contract entered into by the decedent to convey real or personal property. (3) Grant an option to purchase real or personal property of the estate. (4) Borrow money with the estate property as security. (5) Pay, compromise, or settle any claim or debt owed by or to the decedent or the estate. (6) Continue, participate in, or modify the operation of a business that is an asset of the estate. (7) Perform any other act that the personal representative could perform if authorized by the court.
California Probate Code Section 8800
Practical Application
Always request full IAEA authority in your petition unless there's a specific reason not to. With IAEA, selling real property (often the largest estate asset) can be completed in 15-20 days instead of 60-90 days. The only downside is you must send notices to beneficiaries, which can alert them to your actions earlier than supervised administration.
Important Deadlines
- 15-day notice period for proposed actions
- Objection must be filed within 15 days of notice
Practical Tips
- Always check 'Full Authority' for IAEA in your DE-111 petition
- Keep copies of all Notices of Proposed Action and proofs of mailing
- Wait the full 15 days after notice before completing any action
- If a beneficiary objects, consider whether court approval is easier than negotiating
- Even with IAEA, maintain detailed records - you'll still need a final accounting
Frequently Asked Questions
Should I always request independent administration?
What's the difference between full and limited authority?
Can beneficiaries block my actions under IAEA?
What actions still require court approval even with IAEA?
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