Section § 8900

Explanation

The law states that when property is listed in an inventory for probate, its value must be determined by either the personal representative, a probate referee, or an independent expert.

The appraisal of property in the inventory shall be made by the personal representative, probate referee, or independent expert as provided in this chapter.

Section § 8901

Explanation

This law outlines what types of property a personal representative must appraise when dealing with an estate. It includes cash, checks that can be turned into cash, and specific checks issued after the person's death, like wages earned before death and refund checks. The law also covers accounts in banks, cash deposits, and certain mutual funds. However, other investments like stocks and bonds will be appraised under different rules. Finally, proceeds from life insurance and retirement plans that are paid out in a lump sum need appraisal too.

The personal representative shall appraise the following property, excluding items whose fair market value is, in the opinion of the personal representative, an amount different from the face value of the property:
(a)CA Probate Code § 8901(a) Money and other cash items. As used in this subdivision, a “cash item” is a check, draft, money order, or similar instrument issued on or before the date of the decedent’s death that can be immediately converted to cash.
(b)CA Probate Code § 8901(b) The following checks issued after the date of the decedent’s death:
(1)CA Probate Code § 8901(b)(1) Checks for wages earned before death.
(2)CA Probate Code § 8901(b)(2) Refund checks, including tax and utility refunds, and Medicare, medical insurance, and other health care reimbursements and payments.
(c)CA Probate Code § 8901(c) Accounts (as defined in Section 21) in financial institutions.
(d)CA Probate Code § 8901(d) Cash deposits and money market mutual funds, as defined in subdivision (b) of Section 9730, whether in a financial institution or otherwise, including a brokerage cash account. All other mutual funds, stocks, bonds, and other securities shall be appraised pursuant to Sections 8902 to 8909, inclusive.
(e)CA Probate Code § 8901(e) Proceeds of life and accident insurance policies and retirement plans and annuities payable on death in lump sum amounts.

Section § 8902

Explanation

The law says that unless there's another rule, the personal representative of an estate needs to give an inventory of the estate's property to the court-appointed probate referee. This inventory should include any necessary information for the referee to assess the property's value. The probate referee is responsible for appraising the estate's property, apart from any items already appraised by the personal representative.

Except as otherwise provided by statute:
(a)CA Probate Code § 8902(a) The personal representative shall deliver the inventory to the probate referee designated by the court, together with necessary supporting data to enable the probate referee to make an appraisal of the property in the inventory to be appraised by the probate referee.
(b)CA Probate Code § 8902(b) The probate referee shall appraise all property other than that appraised by the personal representative.

Section § 8903

Explanation

This law section states that a court in California can allow an estate to skip having a probate referee appraise it, but only for a good reason. To do this, the personal representative must apply for a waiver with the required documents showing why the waiver is justified.

The hearing on this waiver request has to be scheduled at least 15 days after filing the petition. Notice of the hearing, along with the petition and proposed inventory, must be given to certain people like heirs, devisees, the Attorney General, and the probate referee if designated.

If a probate referee objects without good reason and loses, they may have to pay attorney fees. If the objection is upheld, a different probate referee may be appointed for the appraisal. If the waiver is granted, the necessary inventory and appraisal must be filed as per Section 8800.

(a)CA Probate Code § 8903(a) The court may, for good cause, waive appraisal by a probate referee in the manner provided in this section.
(b)CA Probate Code § 8903(b) The personal representative may apply for a waiver together with the petition for appointment of the personal representative or together with another petition, or may apply for a waiver in a separate petition filed in the administration proceedings, but the application shall not be made later than the time the personal representative delivers the inventory to the probate referee, if a probate referee has been designated. A copy of the proposed inventory and appraisal and a statement that sets forth the good cause that justifies the waiver shall be attached to the petition.
(c)CA Probate Code § 8903(c) The hearing on the waiver shall be not sooner than 15 days after the petition is filed. Notice of the hearing on the petition, together with a copy of the petition and a copy of the proposed inventory and appraisal, shall be given as provided in Sections 1215 and 1220 to all of the following persons:
(1)CA Probate Code § 8903(c)(1) Each person listed in Section 1220.
(2)CA Probate Code § 8903(c)(2) Each known heir whose interest in the estate would be affected by the waiver.
(3)CA Probate Code § 8903(c)(3) Each known devisee whose interest in the estate would be affected by the waiver.
(4)CA Probate Code § 8903(c)(4) The Attorney General, at the office of the Attorney General in Sacramento, if any portion of the estate is to escheat to the state and its interest in the estate would be affected by the waiver.
(5)CA Probate Code § 8903(c)(5) The probate referee, if a probate referee has been designated.
(d)CA Probate Code § 8903(d) A probate referee to whom notice is given under this section may oppose the waiver. If the opposition fails and the court determines the opposition was made without substantial justification, the court shall award litigation expenses, including reasonable attorney’s fees, against the probate referee. If the opposition succeeds, the court may designate a different probate referee to appraise property in the estate.
(e)CA Probate Code § 8903(e) If the petition is granted, the inventory and appraisal attached to the petition shall be filed pursuant to Section 8800.

Section § 8904

Explanation

This law allows a personal representative handling a deceased person's estate to choose to have unique, artistic, unusual, or special items appraised by an independent expert rather than the standard probate referee. To do this, they must note the items on the inventory handed to the probate referee.

If the probate referee disagrees with this decision, they have five days to ask the court to determine if the item truly needs special appraisal. If the court finds the referee's challenge was unjustified, the referee may have to pay for legal costs, including attorney's fees.

(a)CA Probate Code § 8904(a) A unique, artistic, unusual, or special item of tangible personal property that would otherwise be appraised by the probate referee may, at the election of the personal representative, be appraised by an independent expert qualified to appraise the item.
(b)CA Probate Code § 8904(b) The personal representative shall make the election provided in subdivision (a) by a notation on the inventory delivered to the probate referee indicating the property to be appraised by an independent expert. The probate referee may, within five days after delivery of the inventory, petition for a court determination whether the property to be appraised by an independent expert is a unique, artistic, unusual, or special item of tangible personal property. If the petition fails and the court determines that the petition was made without substantial justification, the court shall award litigation expenses, including reasonable attorney’s fees, against the probate referee.

Section § 8905

Explanation

If you're appraising property for probate—whether you're a personal representative, a probate referee, or an independent expert—you must sign the appraisal and take an oath. This oath confirms that you've assessed the property's value truthfully and fairly to the best of your ability.

A person who appraises property, whether a personal representative, probate referee, or independent expert, shall sign the appraisal as to property appraised by that person, and shall take and subscribe an oath that the person has truly, honestly, and impartially appraised the property to the best of the person’s ability.

Section § 8906

Explanation

If you're involved in an estate case in California and you disagree with the estate's appraisal, you can file an objection before the final hearing. The court will then schedule a hearing at least 15 days after your objection is filed. It's your job to notify relevant parties, and if a probate referee did the appraisal, you must send them notice too, at least 15 days before the hearing.

If you're challenging the appraisal, you need to prove why it's wrong. After the hearing, the court can issue necessary orders and, if your objection was made without good reason, you might have to pay certain costs.

(a)CA Probate Code § 8906(a) At any time before the hearing on the petition for final distribution of the estate, the personal representative or an interested person may file with the court a written objection to the appraisal.
(b)CA Probate Code § 8906(b) The clerk shall fix a time, not less than 15 days after the filing, for a hearing on the objection.
(c)CA Probate Code § 8906(c) The person objecting shall give notice of the hearing, together with a copy of the objection, as provided in Section 1220. If the appraisal was made by a probate referee, the person objecting shall also deliver notice of the hearing and a copy of the objection to the probate referee at least 15 days before the date set for the hearing.
(d)CA Probate Code § 8906(d) The person objecting to the appraisal has the burden of proof.
(e)CA Probate Code § 8906(e) Upon completion of the hearing, the court may make any orders that appear appropriate. If the court determines the objection was filed without reasonable cause or good faith, the court may order that the fees of the personal representative and attorney and any costs incurred for defending the appraisal be made a charge against the person filing the objection.

Section § 8907

Explanation

This law states that neither the personal representative managing an estate nor the attorney representing them can charge extra fees for appraising any property in that estate. Appraisal services do not qualify as 'extraordinary' and thus not eligible for additional compensation.

Neither the personal representative nor the attorney for the personal representative is entitled to receive compensation for extraordinary services by reason of appraising any property in the estate.

Section § 8908

Explanation

If a probate referee appraises property as part of an estate, they must provide the appraisal report or backup data to the personal representative or a beneficiary if requested. This information must be given without charge and kept confidential if required by law.

If the appraisal's accuracy is disputed, the referee must explain their valuation. They may receive extra payment for this explanation if both parties agree on a fee, or a court can decide the fee's appropriateness if there's a disagreement.

A probate referee who appraises property in the estate shall, upon demand by the personal representative or by a beneficiary:
(a)CA Probate Code § 8908(a) Provide any appraisal report or backup data in the possession of the probate referee used by the referee to appraise an item of property. The probate referee shall not disclose any information that is required by law to be confidential. The probate referee shall provide the appraisal report or backup data without charge. The cost of providing the appraisal report or backup data shall not be allowed as an expense of appraisal but is included in the commission for services of the probate referee.
(b)CA Probate Code § 8908(b) Justify the appraisal of an item of property if the appraisal is contested, whether by objection pursuant to Section 8906, by tax audit, or otherwise. The probate referee may be entitled to an additional fee for services provided to justify the appraisal, to be agreed upon by the personal representative or beneficiary and referee. If the personal representative or beneficiary and the probate referee are unable to agree, the court shall determine what fee, if any, is appropriate.

Section § 8909

Explanation

If a probate referee appraises property in an estate, they must keep all appraisal reports and supporting documents for three years after filing. During this time, the referee should offer these documents to the estate's personal representative and provide them upon request. If the personal representative does not request them, the documents can be destroyed after three years without any additional notification.

A probate referee who appraises property in an estate shall retain possession of all appraisal reports and backup data used by the referee to appraise the property for a period of three years after the appraisal is filed. The probate referee shall, during the three-year period, offer the personal representative the reports and data used by the referee to appraise the property and deliver the reports and data to the personal representative on request. Any reports and data not requested by the personal representative may be destroyed at the end of the three-year period without further notice.