When you’re selling property through probate in California, the court doesn’t just take your word on what it’s worth. Instead, it assigns a court-appointed referee to provide an official valuation. This isn't just paperwork, it directly impacts pricing, timelines, and court approval.
If you're an executor, administrator, or heir, understanding the referee’s role is essential to getting the sale done right.
What Is a Court-Appointed Probate Referee?
A probate referee is a licensed, court-assigned appraiser who provides an Inventory and Appraisal (Form DE-160) for all or part of the estate’s assets, especially real property.
They are appointed by the California State Controller’s Office and serve an impartial role. Their job is to determine the fair market value of assets at the date of death, not to advocate for the estate, heirs, or creditors.
When Is a Referee Required?
In most probate cases involving real estate, a referee must appraise the property before it can be sold, especially if:
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The court requires confirmation of the sale
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The property must be listed on the Inventory and Appraisal
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The executor only has limited authority under the IAEA
Executors with full authority may be able to bypass a court hearing, but the referee’s appraisal is still often used to establish baseline value.
What Does the Referee Actually Do?
Once appointed, the referee:
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Reviews property data (location, size, condition)
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May drive by the property (usually no interior inspection)
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Uses recent comparable sales to determine value
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Submits a signed, official valuation report to the court
This value is used to:
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Complete the court’s inventory of estate assets
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Set the minimum acceptable price in court-confirmed sales
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Help calculate statutory fees for attorneys and administrators
How Long Does It Take?
The process usually takes 2–4 weeks, but delays can happen if:
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The property lacks clear title or parcel info
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The referee needs more data or documents
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There’s a backlog in the county probate court
Pro tip: Provide full and accurate property details to speed things up.
How Does the Referee’s Value Impact the Sale?
If the property sale requires court confirmation, California law mandates that the final accepted offer must be at least 90% of the referee’s appraised value. That means:
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If the referee values the home at $700,000, the court won’t approve an offer below $630,000
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Overbidding may be allowed in court, which could raise the final sale price
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Low appraisals can hurt, but high ones may discourage buyers
That’s why it’s critical to work with a probate-savvy agent who can help position the property properly in light of the appraisal.
Can You Challenge the Referee’s Appraisal?
Technically, yes, but it’s not easy. You’d need:
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A professional appraisal report showing a significant difference
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Legal grounds to question the referee’s method or data
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Court approval to revise or override the value
It’s rarely worth the effort unless the valuation is clearly flawed.
Final Thought: The Referee’s Report Is More Than Just a Form
In California probate real estate, the court-appointed referee’s appraisal carries real weight. It affects timelines, pricing, court approval, and how the estate’s assets are distributed.
Executors, heirs, and agents should treat the referee’s role seriously, and prepare accordingly.
