Answers · Probate & trusts
Selling a house during probate: IAEA authority vs. court confirmation
Whether a probate sale is routine or cumbersome turns on the authority the court gave the personal representative.
Full authority under the IAEA (Independent Administration of Estates Act): the representative can sell much like a normal owner — list it, accept an offer, give heirs a 15-day notice of proposed action, close. Most modern probates request and get full authority.
Limited authority / court confirmation: the sale must be confirmed in court, where the accepted offer can be overbid by other buyers at a hearing, with minimum overbid increments. It adds months and uncertainty, and some buyers walk away from it.
If you're an heir watching a probate sale, ask one question early: 'full or limited authority?' It's on the letters the court issued. The answer shapes the price, the timeline, and the buyer pool.
General education, not advice — verify anything you’ll rely on with a CPA or estate attorney.