What Does a Probate Referee Do in California?

Short answer: A probate referee in California is an appraiser appointed by the State Controller’s Office to value an estate’s non-cash assets, real property above all, as of the date of death, so the court and the heirs work from one independent figure.

The court assigns the referee; you do not hire or choose one. The fee is fixed by statute at 0.1% of the appraised value, with a $75 floor and a $10,000 cap.

A probate referee is a state-appointed appraiser who values an estate’s non-cash assets — real property especially — so the court has a reliable figure to work from.

California requires one in most probate cases, and their fee is fixed by statute rather than negotiated, which is unusual in an industry where almost everything else is billed by the hour.

That fee becomes part of the math in a Bell Gardens, CA estate weighing the new simplified probate threshold against a full administration.

What a Referee Actually Values — and What They Don’t

Referees appraise the estate’s non-cash assets as of the date of death: real estate, vehicles, business interests, stock in closely held companies, and personal property of value. They do not value bank accounts, cash, or other liquid assets the personal representative can verify directly through statements — those go straight onto the inventory without a referee appraisal.

How Someone Becomes a Probate Referee

The State Controller’s Office appoints probate referees for each county, drawing from candidates who pass a state examination on probate procedure and appraisal principles and are recommended by a panel of attorneys and judges. Once appointed, referees must complete 15 hours of continuing education annually to keep the position.

The court assigns a referee to a given case, typically rotating among those appointed for that county — you generally don’t get to choose which one.

California Probate Referee List: Finding the Referee on Your Case

There is no probate referee directory you can shop from. The State Controller’s Office keeps the roster of appointed referees county by county on its Probate Referees page, but the court assigns yours, usually by rotation within that county.

Most families learn the name when the attorney sends the Inventory and Appraisal, Judicial Council Form DE-160 with its DE-161 attachment, out for the referee’s signature.

If the appraised value looks wrong, the route is an objection or petition in the probate case, not a request for a different referee.

The Fee: 0.1%, With a Floor and a Ceiling

Probate Code §8961 sets the referee’s commission at one-tenth of one percent — 0.1% — of the total value of the property appraised. Probate Code §8963 puts a floor of $75 and a ceiling of $10,000 on that fee regardless of estate size.

On a $700,000 house that’s roughly $700; on a $15 million estate, the fee caps at $10,000 rather than scaling further. This is separate from the statutory attorney and executor fees, which follow an entirely different sliding scale and are typically far larger.

A historic district can add a different kind of complication before a sale can even happen — here’s what Hancock Park’s HPOZ requires of an heir.

When You Can Skip the Appraisal Entirely

Not every estate needs one. Simplified procedures for smaller estates — including the small-estate affidavit and petition to determine succession to real property — still typically require a referee appraisal to establish the value for the petition, but purely cash and liquid-asset estates handled through a straightforward affidavit process may not need one at all if there’s no real property or business interest involved.

How the Appraisal Affects a Sale

Once the referee’s value is on file, it becomes the benchmark everyone measures a sale price against — the court, other heirs, and the personal representative’s own attorney will all compare an accepted offer to that figure.

A price well below it invites questions before anyone even gets to a confirmation hearing, while a price at or above it moves more smoothly. If the sale requires court confirmation, expect the referee’s appraisal to come up directly in that hearing.

None of that changes what’s owed in county and city documentary transfer tax at closing either — a probate sale to an unrelated buyer is an ordinary taxable transfer, not one of the narrow exemptions that apply to certain spousal or trust transfers.

When a Cash Sale Makes Sense Here — and When It Doesn’t

A referee appraisal that comes in well below what the house would fetch on the open market — common with deferred maintenance the appraiser flags but a buyer might pay a premium to renovate — is a real reason some families list rather than sell for cash, since a strong market price relative to the referee’s figure makes for an easy confirmation.

Where a cash sale helps more is when the property’s condition, an absentee out-of-state representative, or a tight administration timeline make a fast, certain close worth more than chasing the last few percent above the appraised value.

Probate Referee FAQ

What is a probate referee, in one sentence?
An independent appraiser the court assigns to put a date-of-death value on an estate’s non-cash assets.

Who pays the referee’s fee?
The estate does, as an expense of administration, so it comes off the top rather than out of any one heir’s share.

Can we use our own appraiser instead?
Sometimes. On a petition showing good cause the court can allow an independent expert in place of the referee, but that is the exception.

How long does the appraisal take?
Usually a few weeks once the representative hands over access and documents. The Inventory and Appraisal itself is generally due within four months after letters are first issued.

Does the referee’s value fix the sale price?
No. It is the benchmark the court and the heirs measure an offer against, not a price control.

Will you buy a house that is in probate?
Yes, where the representative has full authority under the Independent Administration of Estates Act or the property sits in a trust, with notice to the heirs. If the court has to confirm the sale, we are not the right buyer and will say so at the first call.

If you want a no-obligation cash offer on a property moving through probate, Cash Home Buyers CA works with representatives and their attorneys on timing. For a county-by-county look at referee and filing costs, see our Alameda County probate filing fee breakdown. Our Google Business Profile has reviews from California sellers.