Probate word from wooden blocks and Gavel

Understanding the Role of a Probate Referee in California Estates

If you’ve recently lost a loved one and are now responsible for managing their estate, you might encounter many unfamiliar terms and procedures. One that you might come across is “probate referee.” While it might sound technical, a probate referee plays a very important role in helping the probate process move forward in California.

Whether you have been named as the executor of a will or are trying to understand what’s next in the process, you need to know the role of a probate referee in California estates. Here is how they fit into the process.

What Is a Probate Referee?

A probate referee does not have anything to do with sports. This is a neutral professional appointed by the court to help determine the value of certain assets in an estate. 

California is one of the few states using probate referees this way. The State Controller’s Office appoints these individuals. To become a probate referee, they must pass an exam and keep up with continuing education. Most are trained professionals in the industry, such as certified appraisers, attorneys, or CPAs.

Why Is a Probate Referee Needed?

When a person passes away and their estate goes through probate, the court requires a complete list of everything they owned at their death. This is known as the inventory and appraisal stage.

In this situation, bank accounts and other cash assets can be valued by the executor. However, the court wants an expert to value anything that may not be easily priced. This includes:

  • Real estate
  • Cars, boats, or RVs
  • Stocks and bonds
  • Businesses or partnerships
  • Jewelry, antiques, or art
  • Other non-cash property

Once a value is assigned, it can help:

  • Set a fair market value for estate assets
  • Help determine tax obligations, both to the IRS and the state
  • Guide the distribution of property to heirs and beneficiaries
  • Establish values for selling property to pay debts or divide assets

The probate referee makes sure that everything is above board. As a result, this can reduce the risk of disputes and delays later in the process.

How the Process Works

During the probate stage, the executor or personal representative starts the initial steps. This will involve preparing and filing the Inventory and Appraisal form. 

Part 1 involves listing the cash assets of the estate, like checking and savings accounts. After that, Part 2 must be completed, which lists the non-cash assets. This is the part that will be passed on to the probate referee for formal valuation.

Once the referee receives this information, they will start their appraisals. When their work is done, the values are submitted to the court and become part of the estate record.

This step must be completed within four months of the executor’s appointment. However, extensions are possible in more complicated estates.

Are There Situations Where You Don’t Need One?

Man signing a document in a law office

Yes, if the estate qualifies as a small estate under California law. Currently, this includes estates under a certain value, or if assets pass entirely to a surviving spouse. In these situations, a probate referee may not be necessary.

Sometimes, the court may waive the referee requirement if the estate only consists of easily valued assets like bank accounts or publicly traded stocks.

Get the Legal Help You Need for the Probate Process

If you are managing a loved one’s estate, you need to know the role of a probate referee in California estates. The probate referee is one part of the process, but they have an important role. They give fair, accurate valuations that help the estate move forward. 

If you need help with any part of the estate administration or probate process, BJS Law, Inc. is ready to help. We have been assisting California families in creating estate plans and carrying out their loved ones’ wishes in the Roseville area. Contact us today to schedule a consultation.