Can I use my own appraiser instead of the probate referee in California?

In probate, the referee appraises the house by default

California probate comes with its own appraiser. A probate referee is appointed by the State Controller, and the court designates one for the estate.

Probate Code section 8902 says the personal representative (the executor or administrator) gives the inventory and supporting data to the referee, and the referee appraises all property other than what the personal representative appraises. Section 8901 limits the personal representative's list to cash-type items valued at face value: cash, certain checks, bank and similar accounts, cash deposits and money market funds, and lump-sum death benefits like insurance proceeds.

A house is not on that list. Sadly, neither is the vintage Corvette in the garage, no matter how much your uncle insists it is basically cash.

So for the inventory and appraisal filed with the court, the real estate is the referee's job unless something changes that.

There is one narrow side door. Section 8904 lets the personal representative elect an independent expert for a unique, artistic, unusual or special item of tangible personal property, by marking it on the inventory given to the referee. The referee has five days after the inventory is delivered to ask the court whether the item qualifies. That rule is written for things like art and collections. A house is real property, not tangible personal property, so do not plan around this door for the real estate.

Waiving the referee takes good cause

Probate Code section 8903 lets the court waive appraisal by a probate referee, but only for good cause. Here is how it works:

• The personal representative asks in the petition for appointment, in another petition, or in a separate petition, no later than when the inventory is delivered to a designated referee.
• The petition includes the proposed inventory and appraisal and a statement of the good cause.
• The hearing can be no sooner than 15 days after filing, with notice to interested persons, including affected heirs and devisees and any designated referee.
• The referee may oppose the waiver. If the court grants it, the attached inventory and appraisal is filed.

Notice what is missing from that list: a rule that you get to swap in your own appraiser because you like them better. Good cause is a legal standard, and your probate attorney is the person to judge whether you have it.

This is general information only. Legal rights and procedure depend on the facts, so confirm with a California attorney.

Deadlines and fees to know

Probate Code section 8800 says the inventory and appraisal is due within four months after letters are first issued to a general personal representative. The court may allow more time if that is reasonable. Partial inventories are allowed, but all of them have to be filed before the deadline runs out.

Referee fees are set by statute. Section 8961 sets the commission at one-tenth of one percent of the total value of the property the referee appraises, plus actual and necessary expenses. Section 8963 sets a $75 minimum and a $10,000 cap per estate, unless the court approves more after notice and a hearing.

For a $1,500,000 house, one-tenth of one percent is $1,500 plus expenses. That is a hypothetical, but it shows the math. The fee is tied to value, not to how much work the house took. Some estates find that a bargain. Others wonder why the number went up just because the neighborhood got expensive.

Why families still hire a private appraiser

The referee's appraisal serves the court inventory. Families often need more than that. A private appraisal, done by a state-certified appraiser under professional standards, can help with:

• Tax basis. Inherited property generally takes a basis equal to its value on the date of death. Your CPA may want a full report with comps and reasoning to support that number.
• Sale pricing. If the house will sell months later, a current market value helps set the list price.
• Disputes. If siblings disagree, or one heir wants to buy out the others, a report that shows its evidence gives everyone the same facts.
• Checking the inventory value. A desktop review is a second opinion on another appraisal, checked against the evidence.

What I see in the field: the private report does not replace the referee on the inventory unless the court waives the referee. It runs alongside it. The best results come when the estate attorney knows both exist from the start.

When I do a private date-of-death report, I write it as a narrative that walks the reader through the house, the comps and the conclusion, with the evidence at the end. I use an evidence-based approach that blends data science with human insight. The point is that a CPA, a sibling or a judge can follow it without taking my word for anything.

What an executor should do

1. Talk to your probate attorney about whether a waiver makes sense in your case, before the inventory goes to the referee.
2. Calendar the four-month deadline from the date letters are first issued.
3. Give the referee good supporting data: photos, permits, known repairs and anything unusual about the property.
4. Decide whether you also need a private date-of-death appraisal for basis, a current value for pricing, or both.
5. Photograph the house before cleanout, so its condition on the date of death can be shown later.
6. Keep every report with the estate file and share copies with the CPA.