Serving as Executor or Administrator

What Is a Probate Referee in California?

By Grant A. Toeppen

A probate referee is an independent appraiser, appointed by the court, who determines the value of an estate's non-cash assets. They are a neutral, official part of nearly every California probate, and their valuations become part of the estate's Inventory and Appraisal.

What a probate referee values

The work is divided. The personal representative handles the easy items — cash, bank balances, and other cash-equivalents. The probate referee values everything that takes professional judgment:

Real estate
Business interests and closely held company shares
Investment holdings without a clear public market price
Collectibles, jewelry, antiques, and other valuable personal property

What a probate referee costs

Probate referees are compensated on a fixed scale set by law: generally one-tenth of one percent (0.1%) of the value of the assets they appraise, plus their actual out-of-pocket costs, subject to a small minimum fee. On a $1,000,000 estate, that works out to roughly $1,000 — a modest and predictable expense relative to the estate.

Why California uses a neutral appraiser

The representative and the heirs all have a financial interest in the numbers — too low and the estate may understate value; too high and the statutory fees rise. To keep the valuations objective, California assigns an independent referee. That protects everyone, including the representative, who is shielded from later accusations of having manipulated the figures.

How the referee is assigned

You generally don't choose your own probate referee. The court appoints one, usually from a panel maintained for that county. The referee then works from the information the representative and attorney provide — deeds, account statements, business records — to produce date-of-death values.

We coordinate with the assigned probate referee to make sure they have what they need for accurate values, keeping the inventory on schedule even when the representative is managing things from out of state. Request a consultation.

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Frequently Asked Questions

What does a probate referee do in California? A probate referee is a court-appointed appraiser who values an estate's non-cash assets, such as real estate and business interests, for the Inventory and Appraisal.

How much does a probate referee charge? Generally one-tenth of one percent (0.1%) of the value of the assets appraised, plus actual costs, with a small minimum fee.

Can I choose my own probate referee? Usually not. The court assigns a referee, typically from a county panel. In limited circumstances a different arrangement can be requested.

What does the probate referee not appraise? Cash and cash-equivalents, such as bank balances, are valued by the personal representative rather than the referee.

Why is a probate referee required? To keep asset values objective. Because the representative and heirs have a financial stake in the numbers, a neutral appraiser protects all parties.

Request a consultation