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Probate

What Is a Probate Referee in California?

By October 3, 2025October 17th, 2025No Comments
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Table of Contents

  • Key Takeaways
  • What Is a Probate Referee?
  • How the Court Assigns a Probate Referee
  • What Does a California Probate Referee Appraise?
  • Deadlines for Probate Referee Appraisals
  • Why the Probate Referee Matters for Executors and Beneficiaries
  • Related Resources
  • FAQ: California Probate Referee
  • How The Grossman Law Firm Can Help

Key Takeaways

  • In California probate, a probate referee is responsible for appraising estate assets, not for making judicial decisions.
  • Probate referees are appointed by the California State Controller and assigned to cases on a rotating basis by the probate court.
  • Appraisals cover assets such as real estate, business property, artwork, and collectibles — but not cash or cash equivalents.
  • Executors and administrators must file an inventory and appraisal within four months of opening probate.
  • A probate referee’s valuation plays a critical role in ensuring transparency for heirs and beneficiaries.

What Is a Probate Referee?

A probate referee in California plays a very specific role in the probate process: the court appoints them to determine the fair market value of estate assets. Unlike in other states, California probate referees do not perform quasi-judicial duties such as administering oaths or hearing petitions. Their work focuses solely on appraisals.

Because accurate valuations support court filings, tax reporting, and fair distributions among beneficiaries, the probate referee serves as an essential figure in California probate administration.

How the Court Assigns a Probate Referee

The California State Controller’s Office oversees the appointment of probate referees. Here is how the process works:

  1. Qualifications: Candidates must pass a written exam and meet at least one professional requirement, such as:

    • Being a licensed California attorney.

    • Having at least three years of experience as a certified public accountant.

    • Demonstrating several years of property appraisal or valuation experience.

  2. Appointment Term: Probate referee appointments last no more than four years.

  3. County Assignments: Each county has one or more referees on an official list. Probate judges assign referees to cases on a rotating basis to ensure fairness.

This system ensures that referees are not chosen by parties involved in a probate dispute, which helps maintain neutrality and credibility.

What Does a California Probate Referee Appraise?

The probate referee evaluates a wide range of assets within a decedent’s estate or trust. Items subject to appraisal may include:

  • Real estate (residential, commercial, or land)

  • Business interests and related property

  • Artwork and valuable collectibles

  • Intellectual property (such as patents or copyrights)

  • Promissory notes or other non-cash financial instruments

Importantly, probate referees cannot appraise cash or cash-equivalent assets (like checking accounts, savings accounts, or U.S. savings bonds). These items are reported separately by the executor or administrator.

Deadlines for Probate Referee Appraisals

Under the California Probate Code, the executor or administrator must file an Inventory and Appraisal with the probate court. This form lists every asset of the estate and includes the probate referee’s appraisals where required.

The key deadline is:

  • The completed inventory and appraisal must be submitted within four months of the issuance of Letters Testamentary (for an executor) or Letters of Administration (for an administrator).

Failure to meet this deadline can result in court penalties, delays in distribution, or even removal of the executor or administrator.

Why the Probate Referee Matters for Executors and Beneficiaries

For executors and administrators, the probate referee provides the independent valuations necessary to comply with California probate law. Without this appraisal, the probate case cannot move forward properly.

For beneficiaries and heirs, the referee’s appraisal offers assurance of transparency and fairness. Since the referee is neutral and appointed by the court, their valuation helps prevent disputes about whether assets are being undervalued or overvalued.

If you are involved in a California probate case — whether as an executor, administrator, or beneficiary — understanding the role of the probate referee is key to protecting your rights.

Related Resources

FAQ: California Probate Referee

Do all probate estates require a probate referee?
Yes. If the estate contains assets that require appraisal, the probate referee must be involved. Only cash and cash-equivalent accounts are exempt.

How much does a probate referee cost?
By law, probate referees are paid a statutory fee equal to 0.1% of the total appraised value of the estate, plus certain expenses such as mileage.

Can I challenge a probate referee’s appraisal?
Yes. Interested parties may object to valuations if they believe the appraisal is inaccurate, but this typically requires supporting evidence such as an independent appraisal.

What if the probate referee misses the deadline?
The responsibility to file the inventory and appraisal on time falls on the executor or administrator, not the referee. If delays occur, the court may hold the executor accountable.

How The Grossman Law Firm Can Help

At The Grossman Law Firm, we help beneficiaries and heirs throughout California enforce their rights in probate and trust litigation. Whether you are concerned about delays in probate appraisals, believe estate assets are being mishandled, or simply need guidance on what comes next, our team can help.

Call us at (888) 443-6590 or fill out our Get Help Now form today. Our Intake Specialists can evaluate your case to assess your situation at no cost to you. If your case qualifies, our team will schedule a Free Phone Consultation with Attorney Scott Grossman.