Probate

Independent Administration of Estates Act in California Probate

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Table of Contents

Key Takeaways

  • The Independent Administration of Estates Act (IAEA) allows certain estate actions without prior court approval.
  • Executors may receive either full authority or limited authority under the IAEA.
  • Full authority generally provides greater flexibility to manage estate assets.
  • Some transactions still require court approval, especially when conflicts of interest exist.
  • Disputes over estate administration can lead to probate litigation.

What Is the Independent Administration of Estates Act?

Many executors and administrators assume they need court approval for every decision they make during a California probate. Fortunately, that is not always the case.
The Independent Administration of Estates Act (IAEA) allows personal representatives to handle many routine estate matters without returning to court for approval each time. The goal is to reduce delays and help probate administrations move forward more efficiently when there are no disputes among beneficiaries.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California protect their rights when concerns arise about the administration of an estate.

Full Authority vs. Limited Authority

When a probate petition is filed, the court may grant either full authority or limited authority under the IAEA.

Full Authority

A personal representative with full authority can perform many estate transactions without first obtaining court approval.

Limited Authority

A personal representative with limited authority is subject to additional restrictions and may need court approval before taking certain actions involving real property.

When Court Approval Is Still Required

Even under the IAEA, some actions generally require court involvement.
Examples include:
  • Purchasing estate property for the executor’s own benefit.
  • Paying the executor’s personal claims against the estate.
  • Certain transactions involving conflicts of interest.
  • Certain sales or transfers of real property are made with only a limited authority granted.
Because executors owe fiduciary duties to beneficiaries, California courts closely scrutinize these transactions.

When Probate Litigation Arises

The IAEA can simplify estate administration, but it does not eliminate disputes.
Beneficiaries may seek legal action when they believe an executor is:
  • Mismanaging estate assets.
  • Failing to provide information.
  • Engaging in self-dealing.
  • Delaying distributions without justification.
Whenever concerns cannot be resolved informally, probate litigation may be necessary to protect the estate and beneficiaries’ rights.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California protect their rights in probate and trust litigation. If you suspect an executor, administrator, or family member is mishandling an estate, our team can help you understand your options and determine whether legal action may be appropriate.

FAQ

Does the IAEA avoid probate?

No. The estate still goes through probate. The IAEA simply reduces the number of court approvals required during administration.

What is the difference between full and limited authority?

Full authority generally allows an executor to perform more actions independently, while limited authority requires additional court oversight.

Can beneficiaries challenge an executor’s actions?

Yes. Beneficiaries can petition the probate court if they believe the executor has violated their fiduciary duties.

How The Grossman Law Firm Can Help

The Independent Administration of Estates Act can make probate administration more efficient, but disputes still occur. If you believe an executor is mismanaging estate assets, engaging in self-dealing, or failing to fulfill their duties, legal action may be necessary.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or fill out our Get Help Now form.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Dec 7, 2017