Probate Appraisal in California

[nstanbru]

Flygirl: My condolences for your loss. My main point was to differentiate between what happens when people have a will or a trust. A will goes through probate, a trust does not. I didn't meant to imply that the probate court will never have the heirs order an appraisal. I only meant that all matters involving the disposition of a will are handled through the probate court. Whereas, in the case of a trust, generally, the attorney who prepared the trust handles the issues involved.

 

[Flygirl 152]

Flygirl: My condolences for your loss. My main point was to differentiate between what happens when people have a will or a trust. A will goes through probate, a trust does not. I didn't meant to imply that the probate court will never have the heirs order an appraisal. I only meant that all matters involving the disposition of a will are handled through the probate court. Whereas, in the case of a trust, generally, the attorney who prepared the trust handles the issues involved.

Thank you for your condolences, as well as clarification of your post. I just want to make sure LA Woman knew she could accept the order.

 

[Doug Wegener]

Probate

If there is a will (not a trust) left by the person who passed away, it must go through probate. In almost all cases, the probate judge or referee will order the appraisal. If the property is owned by a trust, then it is most likely the estate planning attorney who prepared the trust will order the appraisal.

Is this accurate information? Is there a statutory requirement that the judge or referee order the appraisal or is it just custom>

Is there a list of approved appraisers for a probate judge or referee? How do you solicit that type of work.

Personally, I am tired of ill treatment by AMC's who have zero concern for appraisers. Their business model (expoiting the appraiser for all their worth) sucks.

 

[hastalavista]

I just had my USPAP refresher course yesterday (thanks, Rich Heyn; very good class).

In your situation, I'd think you can keep the intended users limited to your client. The more intended users you have, the more entities you become responsible to for ensuring that the report is meaningful and not misleading.

The intended use may be "estimate fair market value for use in probate proceedings". I'd think that would be fine.

Good luck.

 

[nstanbru]

Is this accurate information? Is there a statutory requirement that the judge or referee order the appraisal or is it just custom>

Is there a list of approved appraisers for a probate judge or referee? How do you solicit that type of work.

Personally, I am tired of ill treatment by AMC's who have zero concern for appraisers. Their business model (expoiting the appraiser for all their worth) sucks.

Probate referees are appointed by the State Controller. They not only provide appraisals for real property, they also provide value opinions for personal property in the estate. There are experience, and I believe, exam requirements. Do a google search for California probate or probate referees and I think you'll get the info you need.