California Notice of Proposed Action (NOPA Form DE-165): Complete Guide

The Notice of Proposed Action (NOPA) is the key mechanism that makes California's Independent Administration of Estates Act work. Instead of seeking court approval for major estate actions, the personal representative gives notice to interested parties and waits 15 days. If no one objects, the action proceeds without court involvement.

This April 2026 update reflects current California court self-help instructions for Judicial Council Form DE-165 and the modern IAEA workflow. If you are still learning the authority rules, start with our California independent administration guide and full vs. limited authority guide.

What Is a Notice of Proposed Action?

A Notice of Proposed Action is a legal notice sent to beneficiaries and heirs informing them of actions the personal representative intends to take under independent administration authority.

The notice describes the proposed action and gives recipients 15 days to object. If no one objects, the personal representative can proceed. If someone objects, court approval is required.

California NOPA Form DE-165

If you are searching for the California NOPA form or NOPA California probate procedure, the statewide Judicial Council form is DE-165, Notice of Proposed Action (Objection-Consent). DE-165 is the form the personal representative sends, and it is also the form recipients can use to consent or object. The related waiver form is DE-166.

When NOPA Is Required

Under full independent administration authority, NOPA must be given before:

Real Property Actions

• Selling real property
• Exchanging real property
• Granting an option to purchase real property
• Leasing real property for more than one year

Financial Actions

• Borrowing money using estate property as security
• Making investments beyond statutory guidelines
• Completing contracts the decedent entered into

Business Actions

• Continuing the decedent's business beyond the initial period allowed

Compensation

• Paying the personal representative's compensation
• Paying attorney fees

Distributions

• Making preliminary distributions before closing
• Certain other distributions

When NOPA Is NOT Required

Many routine administrative actions do not require NOPA:

• Paying valid creditor claims
• Paying funeral expenses
• Paying routine administration costs
• Collecting money owed to the estate
• Depositing estate funds in banks
• Investing in insured accounts
• Selling perishable property
• Abandoning clearly worthless property
• Paying utilities, insurance, and maintenance

The NOPA Process

Step 1: Prepare Form DE-165

Complete the Notice of Proposed Action form:

• Describe the proposed action in detail
• Include relevant dates, amounts, and parties
• Provide enough information for recipients to evaluate the action

Step 2: Identify Recipients

Send NOPA to:

• Each devisee whose interest would be affected if there is a will
• Each heir whose interest would be affected if there is no will
• Anyone who filed a Request for Special Notice
• The Attorney General if the estate may escheat to the State of California

Step 3: Mail the Notice

Mail or personally deliver NOPA to all required recipients at least 15 days before the action date listed in the notice. If the action is a real estate sale or another contract-driven transaction, attach the purchase agreement or other supporting contract terms so recipients can evaluate the deal.

Step 4: Wait 15 Days

Do not take the action until the date stated in the notice. If everyone entitled to notice signs a consent or a waiver, you generally do not have to wait out the full 15-day period.

Step 5: Check for Objections

If no timely written objection is received, proceed with the action.

If an objection is received, you must petition the court for approval before proceeding. A beneficiary can object by signing the objection portion of DE-165 or by sending any other writing that reasonably identifies the proposed action and says they object.

Step 6: Complete the Action

After the waiting period, complete the proposed action.

Contents of the Notice

The notice must include:

Description of Proposed Action

Describe what you intend to do with sufficient detail for recipients to understand and evaluate it.

For a real estate sale:

• Property address
• Sale price
• Buyer's name
• Terms of sale
• Expected closing date

Deadline for Objection

State that objections must be delivered by the date stated in the notice, which must be at least 15 days after mailing or personal delivery.

How to Object

Explain that objections must be in writing and delivered to the personal representative.

Consequences of Not Objecting

State that if no objection is received, the action will proceed without court supervision.

Objecting to a Proposed Action

Who Can Object

Any person entitled to receive NOPA can object:

• Heirs
• Beneficiaries
• Anyone who requested special notice

How to Object

File a written objection with the personal representative before the 15-day period expires. The objection should:

• State that you object to the proposed action
• Explain your reasons
• Be signed and dated

California courts also treat an objection as timely if it arrives by the later of the date listed in the notice or the date the personal representative actually takes the action.

Effect of Objection

An objection does not permanently block the action. It requires the personal representative to seek court approval.

The personal representative can:

• Petition the court for approval to proceed
• Modify the action to address concerns
• Abandon the action

Court Hearing

If a hearing is held, the court evaluates whether the action is in the best interest of the estate. The objecting party can present concerns, and the personal representative can explain the rationale.

Waiving NOPA

Beneficiaries can waive the right to receive NOPA for specific actions or all actions. This speeds up administration when everyone agrees.

Specific Waiver

A beneficiary signs a waiver for a particular proposed action. The action can proceed immediately without waiting 15 days.

General Waiver

A beneficiary waives the right to notice for all actions. This is less common but can streamline administration for cooperative families. The Judicial Council waiver form for this purpose is DE-166, which is a waiver of notice, not an objection form.

Timeline Impact

With NOPA (No Objection)

1. Day 1: Mail NOPA
2. Days 2-15: Waiting period
3. Day 16: Take action

Total: 15 days for each major action

Without Independent Administration

1. Week 1: Prepare petition
2. Weeks 2-6: Wait for hearing date
3. Week 7: Attend hearing
4. Week 8: Take action

Total: 6-8 weeks per action

The NOPA process saves significant time.

Common Questions About NOPA

Selling Real Estate

When selling real estate under full IAEA authority, you send NOPA describing:

• The property
• The buyer and sale price
• Key terms

After 15 days (assuming no objection), you close the sale. No court confirmation hearing.

Paying Fees

Before taking statutory fees, send NOPA describing:

• The fee amount for the personal representative
• The fee amount for the attorney
• Basis for calculation

This gives beneficiaries an opportunity to object if they believe fees are inappropriate.

Making Distributions

Before making preliminary distributions, send NOPA describing:

• Who will receive distributions
• What each person will receive
• The reason for preliminary distribution

Proof of Service

After mailing NOPA, prepare a proof of service documenting:

• When the notice was mailed
• To whom it was sent
• The addresses used

Keep this proof with your estate records. You may need to show it to the court or beneficiaries. File the original DE-165, the proof of service, and any signed consents or waivers with the probate clerk. Keep a complete copy in your estate records in case the court, a buyer, or a beneficiary later asks for proof that notice was handled correctly.

Frequently Asked Questions

What is the 15-day rule in California probate?

When using independent administration, the personal representative must give 15 days' notice before taking major actions. If no one objects within 15 days, the action can proceed without court approval.

Is there a California NOPA form?

Yes. The California NOPA form is Judicial Council Form DE-165, Notice of Proposed Action (Objection-Consent). A separate waiver form, DE-166, lets an interested person waive notice instead of objecting.

Can I shorten the 15-day period?

Yes, but only if everyone entitled to notice signs a consent on the DE-165 or signs a DE-166 waiver. Without unanimous consent or waivers, the 15-day waiting period still applies.

What happens if I forget to send NOPA?

Taking an action that required NOPA without giving notice can create liability. Beneficiaries may petition to surcharge you for any loss or require you to undo the action if possible.

Do I need NOPA for every action?

No. Routine administrative actions do not require NOPA. Only significant actions like selling real estate, borrowing money, or paying fees require notice.

Can an objection stop a sale?

An objection requires court involvement but does not automatically stop the action. The court will evaluate whether the action should proceed.

Related Guides

• California Independent Administration (IAEA)
• Full vs Limited Authority in California
• California Executor Duties
• California Probate Process
• California Probate Accounting
• California Extraordinary Fees

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Sources:

• California Probate Code, Independent Administration of Estates Act
• Superior Court of California, County of Alameda: Administering the Estate
• California Judicial Council Form DE-165
• California Judicial Council Form DE-166 (Waiver of Notice of Proposed Action)

Last Updated: April 2026. This guide provides general information about the Notice of Proposed Action in California probate. Consult with a California probate attorney for advice specific to your situation.