When someone dies, settling their estate can involve more than just distributing money and property, especially where business interests or complex property holdings are concerned. One key step in this process often involves a probate referee — a professional appointed by the court to determine the fair market value of the estate’s non-cash assets.
The Trust & Estate team at Fauver Large Archbald & Spray regularly advises executors, trustees, and fiduciaries on all aspects of California probate and trust administration — including the valuation process handled by probate referees.
Although the term “referee” may sound like someone who oversees or “officiates” probate, that’s not actually their role. Instead, their primary responsibility is valuation — ensuring the estate’s assets are accurately appraised for the court.
Below we’ll explain who probate referees are, why they’re needed, when their services are required, and how much they typically cost in California.
What Does a Probate Referee Do?
A probate referee is a state-appointed, certified appraiser who provides impartial valuations of non-cash assets in an estate. These assets may include:
Their evaluations help ensure the estate is settled fairly and transparently — especially when disputes arise among beneficiaries or when assets are difficult to value. In estates that include business interests or complex real estate holdings, an accurate valuation helps prevent disputes among stakeholders and ensures compliance with California probate requirements.
While probate referees don’t oversee the probate process itself, they do act on behalf of the court and must maintain complete neutrality. Their findings are submitted to the probate court through official documentation, such as the Inventory and Appraisal (Form DE-160).
How Probate Referees Are Appointed and Qualified
Probate referees in California are appointed through the Office of the State Controller. To earn certification, they must pass a state examination covering probate procedures and property valuation standards.
To remain licensed, they’re also required to complete at least 15 hours of continuing education annually to stay current on appraisal practices and market trends.
In short:
Why Probate Referees Are Needed
During probate, the executor or administrator must prepare an inventory of all assets belonging to the deceased. The probate referee reviews this list and assigns fair market values to each non-cash item.
Once completed, the referee signs off on the Inventory and Appraisal Form, certifying that the listed values are accurate and unbiased. This valuation is then submitted to the probate court for approval.
The referee’s work ensures all beneficiaries, creditors, and the court have a reliable financial picture of the estate’s worth — a crucial factor for tax, accounting, and distribution purposes.
When a Probate Referee Is (and Isn’t) Required
In most California probate cases, a referee’s participation is mandatory. Specifically, if the estate includes non-cash assets valued at more than $50,000, the court will require a probate referee’s appraisal.
However, there are exceptions:
In larger or more complex estates, the probate court will either assign a referee automatically or require the executor to request one using a county-specific form.
How Much Do Probate Referees Charge?
Probate referee fees in California are set by law. They receive 0.1% (one-tenth of one percent) of the total appraised value of the estate’s assets.
For example, if the estate’s assets are worth $1 million, the referee’s fee would be $1,000.
Additional reasonable costs — such as travel, mapping, or photography — may also be reimbursed. Fees range from a minimum of $75 to a maximum of $10,000 and are paid directly from the estate.
For estates that include operating businesses or investment properties, the referee’s appraisal may also have downstream tax implications and affect buy-sell agreements, partnership settlements, and business succession planning. Our attorneys work with CPAs and appraisers to ensure consistency across all estate and business filings.
How to Find or Appoint a Probate Referee
All probate referees in California are listed through the State Controller’s Office, which maintains an online directory for public access.
Additionally, the California Probate Referee Association offers resources and contact information for referees statewide, as well as educational materials on probate procedures.
Appointment procedures vary slightly by county:
Some counties automatically assign a referee through the Order for Probate, while others require a formal request. Checking local rules early can help avoid delays.
Need Guidance Through the Probate Process?
Handling probate in California can feel overwhelming — especially when valuable assets and court deadlines are involved. Our firm works closely with executors, administrators, and families to ensure every step, including the referee’s appraisal, is handled correctly and efficiently.
Our attorneys provide comprehensive counsel in probate, trust, and estate administration — particularly where complex business, real estate, or investment assets are involved. If you need guidance interpreting a probate referee’s valuation or coordinating estate and business interests, contact our office to schedule a consultation.
