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

Whenever a deceased person’s assets move through a California probate court, the estate’s representative or executor must collect and inventory the estate’s real, physical, and cash assets. Inventorying assets can be easy if they have a known value, as is the case with cash accounts or stock portfolios. However, California does not let estate representatives assign values to most non-cash assets. If and when non-cash probate assets need to be appraised, the court will hand over that responsibility to a probate referee. Our California probate lawyer explains more below.

The Role of a Probate Referee

Probate referees are appointed by the California State Controller to serve a specific county. They review the inventory of an estate and then appraise the value of listed non-cash assets. In some cases, they may also appraise the value of non-probate assets such as those transferred into a living trust.

If an estate needs a probate referee, they may be automatically appointed. If a county probate court does not automatically select a probate referee, the estate representative or executor will have to file a request for the court to appoint one. The exact paperwork needed to order a referee varies from county to county, as do processing times and filing requirements.

Getting a Probate Referee If One Isn’t Appointed

Sometimes the executor may be able to choose an individual probate referee from a register of available referees; a list of probate referees is available on the California Controller’s website.

The benefits of choosing a referee should be discussed with an experienced estate planning attorney familiar with the court’s jurisdiction.

In certain, limited circumstances, the court can waive an appraisal by a probate referee. Oftentimes, estate administrators will request such waivers to save money. However, these requests are not commonly granted—and even when they are, they tend not to garner significant savings.