Legal Question in Wills and Trusts in California
Estate valuation
In the state of California, if an estate goes into probate and has to be valued who can do the estate valuation? Can a private company do it? Is the court involved and if so does the state value it and are there fees involved with the state?
3 Answers from Attorneys
Re: Estate valuation
I am not an expert in this area, but assuming the estate assets are worth more than $100,000 [you do not have to probate it if worth less] normally the court requires that an appraiser be appointed off the Court's own list. That person is not paid all that much, certainly less than hiring an outside appraiser would cost.
If there will be an estate taxes, you should speak to the appraiser before he/she makes their evaluation, as you may want the property value to be less than it might be so you escape estate taxes but have to then pay increased capital gains taxes. Read some books on estates and taxes; Nolo Press has several written for lay people and many of them are in public libraries.
Re: Estate valuation
If a probate estate has assets, they must be valued. A probate referred appointed by the court will set values based on his or her investigation, which could include getting apprasials for unique items of property. If this and the other answers seem inconsistent it's because we are assuming different facts that are not included in your question. If we knew the purpose of your question, we may be able to provide more consistent answers.
Re: Estate valuation
The issue of value is a matter of proof and the laws of evidence apply as to who can give an opinion of value. Anyone interested in the issue can offer evidence on the issue.