Section § 400

Explanation

This law requires the Controller to appoint at least one probate referee in each county. A probate referee is responsible for helping with the assessment of property values in probate cases. If a county has fewer than three qualified candidates, the Controller can either appoint someone from another county or make a temporary appointment until the position is filled by a qualified person.

(a)CA Probate Code § 400(a) The Controller shall appoint at least one person in each county to act as a probate referee for the county.
(b)CA Probate Code § 400(b) If there are fewer than three qualified applicants to serve in a county, the Controller may designate a probate referee from another county or make an interim appointment, to serve until the vacancy has been filled by a qualified applicant.

Section § 401

Explanation

If you pass a qualification exam, you can be appointed to a position for up to five years. Selection is based on ability, and discrimination based on factors like gender, race, religion, or politics is not allowed.

(a)CA Probate Code § 401(a) Appointment shall be from among persons passing a qualification examination. A person who passes the examination is eligible for appointment for a period of five years from the date of the examination.
(b)CA Probate Code § 401(b) Appointment shall be on the basis of merit without regard to sex, race, religious creed, color, national origin, ancestry, marital status, or political affiliation.

Section § 402

Explanation

This law section explains how the qualification examination for probate referees is organized in California. The exam is arranged by the Controller, who can hire another agency to manage it. The agency's duties include setting passing standards, writing questions, administering, and scoring the exam. Applicants must pay a fee to take the test. After it's graded, the agency sends a list of those who passed to the Controller, and this list is accessible to the public.

(a)CA Probate Code § 402(a) The qualification examination for applicants for appointment to act as a probate referee shall be held at times and places within the state determined by the Controller.
(b)CA Probate Code § 402(b) The Controller may contract with another agency to administer the qualification examination. Administration of the examination shall include:
(1)CA Probate Code § 402(b)(1) Development of standards for passage of the examination.
(2)CA Probate Code § 402(b)(2) Preparation of examination questions.
(3)CA Probate Code § 402(b)(3) Giving the examination.
(4)CA Probate Code § 402(b)(4) Scoring the examination.
(c)CA Probate Code § 402(c) Each applicant shall pay a fee for taking the qualification examination. The agency administering the examination shall transmit to the Controller a list of candidates who have received a passing score in the examination. The list is a public record.

Section § 403

Explanation

This law explains the terms and reappointment eligibility for probate referees in California. A probate referee's term lasts four years and ends on June 30. If a probate referee's appointment ends early, someone else can be appointed to finish their term. Additionally, a former probate referee can be reappointed within five years after their term ends. If more probate referees are added in a county, their terms will be staggered so that about a quarter of them expire each year in succession, to allow for continuity.

(a)CA Probate Code § 403(a) The term of office of a probate referee is four years, expiring June 30. A person may be appointed to complete the unexpired term of office of a probate referee whose appointment is revoked or is otherwise terminated. For a period of five years from the date of expiration of the term of office, a person who had been appointed to act as a probate referee is eligible for reappointment.
(b)CA Probate Code § 403(b) If the Controller increases the number of probate referees in a county, the Controller shall stagger the terms of the new appointees so that one-quarter, or as close to one-quarter as possible, of the terms of the probate referees in that county expire on June 30 of each succeeding year.

Section § 404

Explanation

This law section explains that the Controller is responsible for setting and updating the rules and standards for training, performance, and ethics for probate referees, and these rules are publicly accessible. If a probate referee does not meet these established standards, the Controller can remove them from their position immediately, without giving notice or holding a hearing. However, the decision to revoke can be challenged in court.

(a)CA Probate Code § 404(a) The Controller shall establish and may amend standards of training, performance, and ethics of probate referees. The standards are a public record.
(b)CA Probate Code § 404(b) The Controller may revoke the appointment of a person to act as a probate referee for noncompliance with any standard of training, performance, or ethics established under subdivision (a). The Controller may revoke an appointment under this subdivision without notice or a hearing, but the revocation is subject to review by writ of mandate in a court of competent jurisdiction.

Section § 405

Explanation

The law allows the Controller to cancel the assignment of probate referees, which are individuals that help with estate valuation during probate. However, the Controller can only revoke appointments for up to 10% of these referees in a given county each year. Nonetheless, the Controller has the authority to remove at least one referee from each county every year if needed.

Notwithstanding Section 404, the Controller may, at the Controller’s pleasure, revoke the appointment of a person to act as a probate referee. Under this section, the Controller may revoke the appointment of not more than 10 percent of the probate referees in each county in any one calendar year, but may revoke the appointment of at least one probate referee in each county in any one calendar year.

Section § 406

Explanation

This law explains when a probate referee's authority ends, such as when their term expires or their appointment is revoked. When this happens, the state Controller informs the local superior court. Then, the court assigns any estates the referee was responsible for to a new probate referee.

(a)CA Probate Code § 406(a) The authority of a person to act as a probate referee ceases immediately upon expiration of the person’s term of office, revocation of the person’s appointment, or other termination pursuant to law.
(b)CA Probate Code § 406(b) Upon cessation of authority of a person to act as a probate referee, the Controller shall notify the superior court of the county for which the probate referee was appointed. Upon receipt of notice, or if it otherwise comes to the attention of the court that the authority of a person to act as a probate referee has ceased, the court shall reassign any estate for which the person had been designated as probate referee to another probate referee.

Section § 407

Explanation

This section defines "prohibited political activity" as being involved with fundraising or contributing over $200 to state partisan political campaigns, or any contribution to campaigns for the state Controller's office. A probate referee must disclose any engagement in such activities every year. The Controller is not allowed to (re)appoint probate referees who participated in prohibited political activities within the previous two years, and must revoke the appointment if done during their tenure. These rules do not apply to actions before July 1, 1989. Violating the prohibition during application or tenure is a misdemeanor.

(a)CA Probate Code § 407(a) As used in this section, “prohibited political activity” means directly or indirectly soliciting, receiving, or contributing, or being in any manner involved in soliciting, receiving, or contributing, any of the following:
(1)CA Probate Code § 407(a)(1)  An assessment, subscription, or contribution to any party, incumbent, committee, or candidate exceeding two hundred dollars ($200) in any one calendar year for any partisan public office of this state.
(2)CA Probate Code § 407(a)(2) An assessment, subscription, contribution, or political service in any amount for any campaign for the office of Controller.
(b)CA Probate Code § 407(b) Upon a person’s appointment and thereafter in January of each year during the person’s tenure as a probate referee, the person shall file with the Controller a verified statement indicating whether the person has engaged in prohibited political activity during the preceding two calendar years.
(c)CA Probate Code § 407(c) The Controller may not appoint or reappoint as a probate referee a person who within the preceding two calendar years has engaged in prohibited political activity, and any such appointment or reappointment is void and shall be revoked. The Controller shall revoke the appointment of a person who, during the person’s tenure as a probate referee, engages in prohibited political activity. However, all acts not otherwise invalid, performed by the person before revocation of the person’s appointment, are valid.
(d)CA Probate Code § 407(d) A person shall not engage in prohibited political activity during the time the person is an applicant for appointment or reappointment, or during the person’s tenure as a probate referee. A violation of this subdivision is a misdemeanor.
(e)CA Probate Code § 407(e) Subdivisions (a), (c), and (d) do not apply to any prohibited political activity that occurred before July 1, 1989, and the applicable law in effect before July 1, 1989, continues to apply. Subdivision (b) applies on July 1, 1989, to persons who apply for appointment on or after July 1, 1989. A person who applied for appointment or who was appointed before July 1, 1989, shall file the first statement required by subdivision (b) on or before July 1, 1989, and thereafter as prescribed in subdivision (b).

Section § 408

Explanation
If a probate referee was appointed by the Controller before July 1, 1989, the elimination of the law that authorized their appointment doesn't make it invalid. However, their appointment can still be canceled if there’s a legitimate reason according to current rules.
The appointment of a probate referee by the Controller before July 1, 1989, is not invalidated by the repeal of the law under which the appointment was made. Appointment of a probate referee before July 1, 1989, may be revoked under this chapter only if revocation would otherwise be proper under this chapter.