Appraisals in probate? Possibly got unfair appraisal...

Basically, there are two valuation dates that are relevant to estates: the date of death and the date 9 months later (the alternate valuation date). As for what the appraiser is supposed to do, the appraiser should make sure that his or her work would be of such quality that it would be accepted by the IRS and other taxing authorities with few, if any, questions. I seriously doubt that any appraisal where the appraiser just snapped some exterior pictures would meet that test. You need to report this fact (the "drive-by" appraisal) to the attorney who is assisting the estate through the probate process and let the attorney take the appropriate action. DISCLAIMER : I am licensed to practice law in Florida only. You must contact an attorney in your own state for the legal advice, guidance and representation that you can rely on and act upon. Whether you are located in Florida or not, the response to your question does not create an attorney/client relationship and is not intended to create an attorney/client relationship. My response here is not legal advice and should not be construed as legal advice. The response here is merely an attempt to provide general information about the matter in question based upon the limited facts presented. Had the facts been presented in more detail the information provided herein may have been significantly, or completely, different.

Are you talking about the probate referee (the person appointed by the Court to appraise probate property)? Their job is to appraise the property as of date of death. They are supposed to make a "reasonable" appraisal, but some of them only "snap a picture of the outside" as you say. If you believe the appraisal was unfair, you have the right under the California probate code to object to the appraisal at any time before the petition for final distribution of the estate. If the Court determines that you did not have "reasonable cause" to object, then you could be held liable for the associated court costs and attorneys' fees. See: http://law.onecle.com/california/probate/8906.html If you're talking about an appraisal for the estate tax return, then the value to be used is the lower of the value on date of death or the "alternate valuation date" (usually the date 6 mos. after date of death, unless the property was sold, in which case the sales date). To use the "Alt. Val. Date", the value of the entire estate must be lower (in other words, no "cherry-picking"). This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.

This is just a follow up to my previous answer. I would like to thank Janet Brewer for pointing out the typographical error in my answer. The Alternate Valuation Date is six (6) months after the date of death and not nine (9) months as I stated. I apologize for the error.