AppraisalProcedure
Section § 8900
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.
Section § 8901
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.
Section § 8902
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.
Section § 8903
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.
Section § 8904
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.
Section § 8905
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.
Section § 8906
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.
Section § 8907
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.
Section § 8908
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.
Section § 8909
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.