A probate referee is a state-appointed appraiser assigned to your case, and their number sets the value of the estate for the inventory. That value drives the statutory fee, the sale expectations, and the tax basis the beneficiaries inherit.
You do not pick the referee. You do get to give them accurate information, and that matters more than people realize.
Real property, business interests, and non-cash assets generally go to the referee. Cash, deposit accounts, and items with a readily fixed value are appraised by the personal representative directly and listed separately on the inventory. The two categories go on different attachments to the same form.
Date of death is the only date that counts
The value is as of the date of death, not today. In a market that moved, those are different numbers, and the difference has consequences. A house appraised at $980,000 as of a death in March and sold for $1.06 million in November produces a gain during administration, which affects the fee base and possibly the estate's income tax return.
This number is the beneficiaries' tax basis
Inherited property generally takes a basis stepped up to date-of-death value. A low appraisal is not a win. It saves a little on the statutory fee now and can cost the beneficiaries far more in capital gains when they sell later. I have seen families cheer a low number and regret it four years on.
Helping the referee get it right
- Photograph the property in the condition it was in at the date of death, before anyone cleans it out
- Document deferred maintenance honestly, including the foundation, the roof, and any unpermitted addition
- Disclose tenants, occupancy, and any rent control status, because those affect value materially in Los Angeles
- Provide the recorded deed, so the referee is valuing the correct interest and not the whole parcel when the estate owns half
“A referee once valued a Boyle Heights property assuming a legal duplex. It had been converted decades earlier without permits. Nobody told him. The corrected appraisal came in far lower and we had to amend the inventory, which delayed the case by a hearing cycle. Tell them the unflattering facts up front.”
Delia Vasquez-HartDisagreeing with the appraisal
You can object to a referee's valuation and, in appropriate cases, ask the court to appoint a different referee or consider independent evidence. It is not routine and it needs support, ordinarily an independent appraisal that explains why the referee's assumptions were wrong. Disagreeing because the number feels high is not support.
The simplified residence procedure and the small estate affidavit both still require a valuation, and a referee appraisal is the usual way to establish it. Trust administrations do not involve a probate referee at all, since there is no court inventory, though a date-of-death appraisal is still essential for basis purposes.
Questions we get asked
Can I choose my own appraiser instead?
Not for the probate inventory. The referee is assigned by the court for the property that falls in their category. You can obtain your own appraisal in addition, and sometimes should.
How long does the appraisal take?
It varies by referee workload and by property type. Real property in a busy county can take several weeks, which is one of the reliable delays in a Los Angeles case.
Does the mortgage show up on the inventory?
The inventory reports gross value. Encumbrances are disclosed elsewhere and do not reduce the appraised figure, which is exactly why the statutory fee lands where it does.
What if an asset is discovered later?
You file a supplemental inventory and it gets appraised then. Finding assets after the fact is common, particularly old accounts and small stock holdings.
Take date-stamped photographs of the property today, in its current condition, before any cleanout begins. Those photos are the evidence that supports an accurate appraisal, and they cannot be recreated later.