Probate RefereesAppointment and Revocation
Section § 400
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.
Section § 401
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.
Section § 402
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.
Section § 403
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.
Section § 404
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.
Section § 405
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.
Section § 406
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.
Section § 407
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.