California Probate Referee: Fees, Role & Appraisal Process
California probate referee fees and duties. Learn about the 0.1% fee, what assets they appraise, and the 60-day appraisal timeline.
California uses a unique system of probate referees to appraise estate assets. These court-appointed appraisers determine the fair market value of most assets for the Inventory and Appraisal. Understanding the probate referee's role and fees helps you budget for probate costs.
What Is a Probate Referee?
A probate referee is a court-appointed appraiser who determines the fair market value of estate assets. California is one of the few states that uses this system.
Referees are licensed professionals appointed by the State Controller. Each county has assigned referees who handle probate appraisals for estates in that county.
The Referee's Role
What They Do
- Appraise assets that require professional valuation
- Provide sworn inventory values for court records
- Sign the Inventory and Appraisal form
- Certify values as of the date of death
What They Do NOT Do
- Manage the estate
- Make legal decisions
- Advise on distribution
- Handle disputes
Assets the Referee Appraises
Appraised by the Referee
- Real estate (houses, land, commercial property)
- Stocks and bonds
- Business interests
- Partnership interests
- Promissory notes
- Other assets requiring professional valuation
NOT Appraised by the Referee
- Cash
- Bank account balances (use statement balance)
- Proceeds from life insurance with named beneficiary
- Government bonds (use redemption value)
- Items already appraised by a qualified appraiser with court permission
The personal representative values cash and bank accounts themselves, using account statements.
Fee Structure
Standard Fee
Probate referees charge 0.1% (one-tenth of one percent) of the value of assets they appraise.
| Asset Value | Referee Fee |
|---|---|
| $100,000 | $100 |
| $500,000 | $500 |
| $1,000,000 | $1,000 |
| $2,000,000 | $2,000 |
Minimum and Maximum
- Minimum fee: $75
- Maximum fee: $10,000 per estate
Even for a $20 million estate, the referee fee is capped at $10,000.
When Fees Are Paid
Referee fees are paid from the estate as an administrative expense. They are typically paid when the Inventory and Appraisal is completed.
The Appraisal Process
Step 1: Court Assignment
When probate opens, the court assigns a probate referee to the estate. The assignment is typically automatic based on county procedures.
Step 2: Personal Representative Provides Information
You (the personal representative) provide the referee with:
- List of assets requiring appraisal
- Property addresses and legal descriptions
- Account statements showing holdings
- Any existing appraisals
- Access to properties if needed
Step 3: Referee Conducts Appraisal
The referee:
- Reviews documentation
- May inspect real property
- Researches comparable values
- Determines fair market value as of date of death
Step 4: Referee Returns Signed Inventory
The referee completes and signs the Inventory and Appraisal (Forms DE-160/161), certifying the values.
Step 5: Personal Representative Files
You file the completed Inventory and Appraisal with the court within the deadline.
Timeline
The referee must complete appraisals within 60 days of receiving the necessary information. If you need an extension, request it in writing.
Typical Timeline
| Step | Timeframe |
|---|---|
| Submit asset list to referee | Week 1 |
| Referee reviews and inspects | Weeks 2-6 |
| Referee returns signed inventory | Week 7-8 |
| File with court | Week 8-9 |
Working with the Referee
Provide Complete Information
The more complete your asset list and documentation, the faster the appraisal.
Include:
- Full property addresses with legal descriptions
- Account statements showing holdings and values near date of death
- Prior appraisals if available
- Business financial statements
Coordinate Property Access
For real estate, arrange access for the referee to inspect if needed. This helps ensure accurate valuation.
Respond Promptly
If the referee has questions, respond quickly to avoid delays.
Review the Appraisal
Before filing, review the referee's values. If you believe a value is incorrect, discuss it with the referee before filing.
Challenging an Appraisal
If you disagree with the referee's valuation:
Informal Discussion
Talk to the referee first. Provide additional information or comparable sales that support a different value.
Request Reappraisal
You can request the referee to reconsider. Provide documentation supporting your position.
Court Review
If agreement cannot be reached, the court can resolve valuation disputes. This is rare and usually unnecessary.
Special Situations
Real Estate in Other States
California probate referees only appraise California property. For out-of-state real estate, use a qualified appraiser in that state.
Unique Assets
For unusual assets (art, antiques, collectibles), you can request court permission to use a specialized appraiser instead of the probate referee.
Business Valuations
Complex business valuations may involve the referee coordinating with business valuation experts.
Cost Comparison
Probate Referee vs. Private Appraiser
| Service | Cost |
|---|---|
| Probate referee (0.1%) | $1,000 for $1M property |
| Private real estate appraisal | $400-$600 per property |
| Private business valuation | $2,000-$10,000+ |
The referee fee is often higher than a private appraisal for a single property, but it is part of the required probate process.
Frequently Asked Questions
What is a probate referee in California?
A probate referee is a court-appointed appraiser who determines the fair market value of estate assets. California uses this system to ensure consistent and professional valuations in probate.
How much does a probate referee cost?
The fee is 0.1% of the value of appraised assets, with a minimum of $75 and maximum of $10,000 per estate.
Can I use my own appraiser instead?
For most assets, you must use the probate referee. For specialized assets (art, antiques), you can request court permission to use a qualified specialist.
How long does the appraisal take?
The referee has 60 days to complete appraisals after receiving necessary information. Most complete within 4-6 weeks.
Who pays the probate referee fee?
The estate pays the fee as an administrative expense.
What if I disagree with the appraisal?
Discuss concerns with the referee first. Provide supporting documentation. If disagreement persists, the court can resolve the issue.
Related Guides
- California Probate Accounting
- California Executor Duties
- How Much Does Probate Cost in California?
- California Probate Process
Sources:
- California Probate Code Section 8963 (Probate Referee Compensation)
- California Probate Code Sections 8900-8924 (Appraisal)
- California State Controller's Office
Last Updated: January 2026. This guide provides general information about California probate referees. Consult with a California probate attorney for advice specific to your situation.