Full authority vs. limited authority: what it means for the house

The single most important line in your Letters. Full authority lets you sell the house without a court hearing. Limited authority does not.

By Vennessa Mele, DRE #02115354 · Orange County, California · Last reviewed September 2026

Short answer: look at your Letters. If they say you have full authority under the Independent Administration of Estates Act, you can sell the house like a normal sale with a 15-day notice to heirs. If they say limited authority, every real estate sale must be confirmed by the court at a hearing where other buyers can overbid.

Full authority

You list the house, accept the best offer, and mail a Notice of Proposed Action to everyone entitled to notice. They have 15 days to object. If nobody objects, you sign the closing documents and the sale records. No hearing, no overbid, no probate referee minimum, and buyers treat it like an ordinary sale (with a few extra disclosures). Most Orange County probate sales happen this way.

Limited authority

You still list the house and accept an offer, but the offer is subject to court confirmation. Your attorney files a petition, the court sets a hearing (typically 6 to 10 weeks out), and at the hearing the judge asks whether anyone in the courtroom wants to overbid. The first overbid must be at least 10% of the first $10,000 plus 5% of the balance above the accepted price. The accepted price itself must be at least 90% of the probate referee's appraisal. If someone overbids, the original buyer can bid again, and the house goes to the highest bidder that day.

Limited authority sales work, but they take longer, some buyers will not wait, and the overbid rules are unfamiliar to most agents. If you have limited authority, ask your attorney whether petitioning for full authority makes sense; it often does.

Why you might have limited authority

• The will restricted it.
• An heir objected to full authority at the appointment hearing.
• You are not bonded and the court would not waive bond for full authority.
• Your attorney asked for limited authority to keep the petition simple.

Which one do you have?

It is printed on the Letters themselves, usually as a checked box under "Independent Administration of Estates Act." If you are not sure, email me a photo of your Letters and I will tell you what it means for the sale.

Next guide: Court confirmation sales, explained step by step