What is the IAEA?
The California Independent Administration of Estates Act (IAEA) was enacted in 1987 and it grants the representative of a decedent’s estate authority to take action on behalf of the estate without having to obtain prior court approval to do so. This allows for a more efficient probate process by eliminating delays that are often inherent in the court system. It helps to simplify the probate administration by reducing the court’s involvement and is a power that can be requested in the original Petition for Probate or later on during the probate process.
The power may either be full or limited, depending on what the assets of the estate are and the scope and extent of authority the representative is seeking to have. If full IAEA powers are granted, the personal representative may carry on most estate transactions without having to obtain prior approval from the court (i.e. selling real estate). In order to have such powers, the court issues Letters of Testamentary to the personal representative.
Our office has expertise in helping you plan and create, modify or change, or to implement an estate plan. If you have questions about a particular probate case, please contact our office at (714) 459-5481 so that our experienced attorneys could help guide you in the right direction.