ProbateWill

What Does a Probate Referee Do in California?

By September 28, 2026No Comments
Probate Referee
The role of a probate referee in California is important when it comes to setting the value of the property in a probate estate, as he or she is able to assess real estate, stocks, business interests, vehicles, jewelry, collectibles, and other assets for which the value is not obvious.
For beneficiaries, these valuations matter; if an appraisal is incorrect, property is missing, or the executor fails to complete the required inventory and Appraisal, it can affect estate administration and delay inheritance.
Scott Grossman, the owner and lead litigator of The Grossman Law Firm, handles California probate cases for beneficiaries and heirs with issues involving estate assets, property valuations, delays in administration, or how a personal representative conducts himself.

Table of Contents

Key Takeaways

  • California courts use probate referees to appraise many estate assets without an obvious cash value.
  • While the probate referee is responsible for valuing the remaining property, the personal representative values certain cash and cash-equivalent assets.
  • California generally requires the Inventory and Appraisal to be filed within four months after the court first issues letters to a general personal representative.
  • A beneficiary or any other person with an interest can raise an objection to the appraisal prior to the hearing on the petition for final distribution.
  • If the personal representative refuses or fails, through negligence, to file the Inventory and Appraisal by the deadline, then a person with an interest may request that the probate court take action.

What Does a Probate Referee in California Do?

A probate referee is an appraiser chosen by the California State Controller. In probate, the court picks a referee to value property that needs an independent opinion. The State Controller says probate referees provide appraisal services for estate assets and certain other matters.

How the Probate Referee Determines Estate Property Values

California Probate Code § 8902 requires the personal representative to provide the designated probate referee with the inventory and supporting information needed to perform the appraisal. The referee then appraises property that the personal representative does not appraise under § 8901.
We want to determine the fair market value of the estate’s property for the Inventory and Appraisal.

What Property Does a Probate Referee Appraise?

Not every estate asset goes to the probate referee.

Which Assets Does the Personal Representative Value?

Under Probate Code § 8901, the personal representative generally values certain assets whose values can be readily determined, including:
  • Money and cash items
  • Certain checks
  • Accounts at financial institutions
  • Cash deposits and money market mutual funds
  • Certain lump-sum insurance, retirement, and annuity proceeds payable at death
Securities like stocks and bonds usually get appraised by the probate referee.
Probate referees also appraise real estate, vehicles, business interests, collectibles, jewelry, and anything else that needs a value assigned.
If you are a beneficiary, the main thing to watch is whether all property has been listed and fairly valued.

When Is the Inventory and Appraisal Due in California?

A beneficiary does not necessarily have to ignore an unexplained delay.

What If the Executor Never Files the Inventory and Appraisal?

Under Probate Code § 8804, if the personal representative refuses or negligently fails to file the Inventory and Appraisal within the allowed time, an interested person may petition the court. The court may compel the filing, remove the personal representative, or impose personal liability for harm directly caused by the failure. In some circumstances, that liability may include attorney’s fees.
A late filing does not automatically mean the executor has committed misconduct. But repeated delays, missing assets, or a refusal to provide information may warrant closer review.

How Much Does a Probate Referee Cost in California?

California law sets probate referee compensation.

How Probate Referee Fees Are Calculated

Under Probate Code § 8961, the referee generally receives a commission equal to one-tenth of one percent, or 0.1%, of the value of the property the referee appraises, plus allowable expenses. The fee does not apply to property valued by the personal representative or an independent expert.
Probate Code § 8963 currently sets a minimum commission of $75 and a maximum of $10,000 per estate, although the court may approve a higher amount if the reasonable value of the referee’s services justifies it.
The estate pays the probate referee’s commission and expenses as administration costs.

Can a Beneficiary Challenge a Probate Referee's Appraisal?

Yes.
If you believe an estate asset has been significantly undervalued or overvalued, California Probate Code § 8906 permits the personal representative or an interested person to file a written objection to the appraisal before the hearing on the petition for final distribution.
The objecting person must prove the appraisal should not stand. That means disagreeing with the number alone is not enough. As a result, you may need evidence supporting a different valuation.
This becomes especially important when an asset’s value affects what beneficiaries ultimately receive or when broader concerns arise about how estate property has been handled.

When Should a Beneficiary Contact a Probate Litigation Attorney?

The existence of a probate referee normally does not mean anything is wrong with the estate. Appraisal is a routine part of California probate.

When an Appraisal Problem May Point to a Larger Estate Issue

The issue becomes more significant when you notice problems such as:
  • Valuable property missing from the Inventory and Appraisal
  • An unusually low valuation that may affect your inheritance
  • An executor who refuses to explain what happened to estate assets
  • No Inventory and Appraisal months after the deadline
  • Property being sold or transferred under circumstances that raise concerns
  • Continued probate delays preventing distribution
At that point, the problem may extend beyond the probate referee’s appraisal. If you suspect estate assets are being mismanaged or your inheritance may be at risk, contact The Grossman Law Firm. Attorney Scott Grossman has nearly 30 years of experience handling California probate and trust litigation.

FAQ

Who appoints probate referees in California?

The California State Controller appoints probate referees. In probate proceedings, the court designates the referee who will handle the appraisal.

Does a probate referee appraise every asset?

No. The personal representative values certain cash and cash-equivalent assets under Probate Code § 8901. The probate referee generally appraises the remaining property subject to the appraisal requirements.

Can I object if estate property was appraised too low?

Potentially. Probate Code § 8906 allows an interested person to file a written objection to an appraisal before the hearing on final distribution. The person objecting has the burden of proof.

How The Grossman Law Firm Can Help

A probate referee’s appraisal is normally part of the probate process. But if you believe estate property is missing, seriously undervalued, has been improperly dealt with, or if the executor has not carried out the necessary Inventory and Appraisal, you may require more than just a standard appraisal question to be addressed.
Attorney Scott Grossman handles probate litigation involving beneficiaries and heirs whose inheritance may be affected by delays, missing property, inaccurate estate information, or possible misconduct by a personal representative.
At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation.
Call (888) 443-6590 or fill out our Get Help Now form to take the next step.
Our Intake Specialists can evaluate your case and assess your situation at no cost. We will schedule qualifying cases for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: April 3, 2018