What is a Probate Referee in California?
Every California probate case requires working with a Probate Referee: a court-appointed official who appraises estate assets. This guide explains who they are, what they do, and how to work with them effectively.
What is a Probate Referee?
A Probate Referee is a specially qualified appraiser appointed by the California State Controller to value estate assets for probate proceedings. They're not employees of the court: they're independent professionals licensed to provide official valuations.
When you file a Petition for Probate, the court automatically assigns a Probate Referee to your case. You don't choose them: they're assigned on a rotating basis in each county.
Key Facts About Probate Referees
Appointment
Court-Assigned
You don't choose
Fee
0.1% of assets
$75 minimum
Deadline
4 months
From Letters
What Does a Probate Referee Appraise?
The Probate Referee values all non-cash assets in the estate. This includes:
- Real estate - Homes, land, commercial property, rental properties
- Vehicles - Cars, boats, RVs, motorcycles
- Securities - Stocks, bonds, mutual funds (valued at date of death)
- Business interests - Ownership in LLCs, partnerships, corporations
- Personal property - Jewelry, art, collectibles, furniture
What the Executor Values
The executor (not the referee) values cash and cash equivalents: bank accounts, money market accounts, and similar liquid assets. You report these values on the Inventory & Appraisal form.
Probate Referee Fees
The Probate Referee charges 0.1% (one-tenth of one percent) of the total assets they appraise, with a minimum fee of $75. This fee is paid from estate funds.
| Assets Appraised | Referee Fee (0.1%) |
|---|---|
| $100,000 | $100 |
| $500,000 | $500 |
| $1,000,000 | $1,000 |
| $2,000,000 | $2,000 |
The Inventory & Appraisal Process
Here's how the process works:
- 1
Receive Letters Testamentary
The 4-month clock for the Inventory & Appraisal starts when you receive your Letters.
- 2
Compile Asset List
Identify all assets that need appraisal and gather supporting documentation (deeds, statements, titles).
- 3
Contact the Probate Referee
Reach out to the assigned referee with your asset list. They may schedule property inspections if needed.
- 4
Receive Appraisal
The referee provides their official valuations, which you incorporate into Form DE-160.
- 5
File the Inventory & Appraisal
Submit Form DE-160 to the court within the 4-month deadline, signed by you and the referee.
Tips for Working with Probate Referees
- Start early - Don't wait until month 3 to contact the referee
- Be organized - Provide complete documentation for each asset
- Respond promptly - Answer the referee's questions quickly
- Allow access - If they need to inspect property, schedule it promptly
How MyProbateCA Helps
Our flat fee includes the papers and instructions for the Probate Referee step:
- We identify which assets need referee appraisal
- We prepare and organize all documentation
- We tell you what the referee needs from you and when
- We prepare Form DE-160 for you to sign and file
Need help with the Inventory & Appraisal process? Get started with MyProbateCA for the inventory papers and plain instructions for the referee step.
Rozsa Gyene, Esq.
California State Bar #208356 • 26+ Years Experience
Rozsa Gyene focuses on California probate administration, with extensive experience at the Stanley Mosk Courthouse in Los Angeles.
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