What is a probate referee, and how do I get one?

A probate referee is a court-appointed appraiser who determines the fair market value of estate assets during California probate proceedings. They are required for most non-cash assets and are appointed by the California State Controller to serve specific counties.

Role and Responsibilities of Probate Referees

Probate referees serve several critical functions:

• Asset valuation: Appraise real estate, business interests, and personal property
• Inventory review: Examine complete estate asset listings
• Fair market value determination: Establish values as of the date of death
• Court reporting: Provide official appraisal reports to probate courts
• Trust asset appraisals: Sometimes value non-probate assets in living trusts

When Probate Referees Are Required

California probate law mandates referee appraisals for:

• Real estate: Residential, commercial, and investment properties
• Business interests: Closely held corporations, partnerships, and LLCs
• Personal property: Jewelry, art, antiques, and collectibles
• Vehicles: Cars, boats, aircraft, and recreational vehicles
• Machinery and equipment: Business assets and specialized equipment

Assets Probate Referees Don't Appraise

Estate executors can value these assets without referees:

• Cash accounts: Bank accounts with known balances
• Publicly traded securities: Stocks and bonds with market values
• Government bonds: Treasury bills and savings bonds
• Life insurance proceeds: Fixed benefit amounts
• Retirement accounts: 401(k)s and IRAs with statement values

How Probate Referees Are Appointed

Automatic Appointment

Most California counties automatically assign probate referees:

• Court assignment: Judge appoints referee during initial probate proceedings
• County rotation: Courts often rotate among qualified referees
• No choice required: Estate representatives don't need to select

Manual Request Process

Some counties require specific requests:

• File petition: Submit request for referee appointment
• Court approval: Judge reviews and approves referee selection
• Processing time: Varies by county court schedule

Choosing Your Own Referee

In certain circumstances, you may select from a list:

• California State Controller website: Maintains current referee directory
• Geographic specialization: Referees familiar with local markets
• Asset expertise: Referees with specific property type experience
• Attorney guidance: Estate planning attorneys can recommend qualified referees

Probate Referee Fees and Costs

California sets statutory fees for referee services:

• Fee calculation: Percentage of appraised asset value
• Statutory rates: Set by California Probate Code
• Payment responsibility: Estate pays all referee fees
• No advance payment: Fees deducted from final estate distribution

Working with Probate Referees

Estate representatives should:

• Provide complete information: Supply all relevant asset details
• Allow property access: Schedule inspections for real estate and personal property
• Gather documentation: Compile property records, purchase receipts, and maintenance records
• Respond promptly: Answer referee questions to avoid delays

Challenging Probate Referee Appraisals

If you disagree with referee valuations:

• File objections: Submit formal objection to probate court
• Independent appraisal: Obtain private appraisal for comparison
• Court hearing: Present evidence supporting different valuation
• Legal representation: Probate attorneys can assist with challenges

Waiving Probate Referee Requirements

Courts rarely grant appraisal waivers, but may consider:

• Recent appraisals: Professional appraisals completed shortly before death
• Minimal value assets: Items with insignificant market value
• All-beneficiary agreement: All parties agree on asset values
• Limited savings: Waivers typically don't provide significant cost reductions

Timeline for Referee Appraisals

Appraisal timing affects overall probate schedule:

• Initial appointment: Referee assigned early in probate process
• Asset inspection: 30-60 days for property evaluation
• Report completion: Additional 2-4 weeks for final appraisal
• Court filing: Referee submits report directly to probate court

Impact on Estate Administration

Referee appraisals affect several aspects:

• Tax calculations: Establishes basis for estate and inheritance taxes
• Asset distribution: Determines fair division among beneficiaries
• Creditor claims: Helps establish estate's ability to pay debts
• Probate timeline: Completion required before final distributions

Key takeaway: Probate referees play an essential role in California probate by providing independent asset valuations. While you typically cannot avoid referee involvement, working cooperatively and providing complete information helps ensure accurate appraisals and timely probate completion.