Q & A Probate Referee in California.
What is a Probate Referee?
A Probate Referee is a state-appointed official responsible for appraising certain probate assets for court purposes.
Who appoints the Probate Referee?
Probate Referees are appointed by the California State Controller and assigned by county.
Does every probate case require a Probate Referee?
No. Referees are required only for certain asset types and circumstances.
Can the estate choose its own appraiser instead?
Not when a Probate Referee is required. Independent appraisals may supplement but do not replace the referee’s authority unless permitted by law.
What assets typically require a Probate Referee appraisal?
Common examples include real property, business interests, and specific categories of personal property.
Is the Probate Referee working for the estate?
No. The referee’s duty is to the court, not to the estate or its beneficiaries.
Can heirs or beneficiaries influence the appraisal value?
No. The appraisal is based on submitted information and professional judgment, not preference.
Can a Probate Referee’s valuation be challenged?
Yes, but only through proper procedure and with supporting evidence. Disagreement alone is insufficient.
How does the referee’s value affect probate?
It affects statutory compensation calculations, court approvals, and, in some cases, sale requirements.
Who pays the Probate Referee’s fee?
The estate pays the statutory fee. It is not paid personally by the Personal Representative.
Does the Probate Referee set the sale price of real estate?
No. The referee establishes value for court purposes. The sale price is determined later, subject to authority and procedure.
Why does this step sometimes feel slow?
Because the referee’s work must be accurate and defensible, rushed or incomplete submissions cause delay.
What causes avoidable problems with referees?
Incomplete inventories, unclear asset descriptions, missing documentation, and assumptions about flexibility.
Does the Probate Referee attend hearings?
Typically, no. Their work is submitted in writing as part of the probate record.
Why is this role important to understand early?
Once valuation is set, many subsequent decisions depend on it, and errors here are difficult to rectify.
Readers often review this page alongside the Inventory and Real Estate pages to understand how valuation, authority, and execution intersect.