California Probate Inventory and Appraisal: A Complete Guide for Personal Representatives

In this Article:

? Why it matters: The total appraised value on the DE-160 directly determines the statutory fees paid to the executor and any attorney involved. A $900,000 estate generates significantly different fees than an $800,000 estate. Understanding the inventory process is not just a paperwork obligation — it is a financial one.

Why the Probate Inventory and Appraisal Matters

The Inventory and Appraisal is the financial foundation of a probate case. It is usually prepared early in the administration process after the personal representative is appointed. Our California probate timeline explains where this step fits in the overall process. Once filed, it affects decisions and calculations throughout the case.

Statutory Fees Are Based on Gross Appraised Value

California law sets executor and attorney fees as a percentage of the gross estate value, meaning the total appraised value before debts, mortgages, or liens are deducted.

This surprises many families. A home appraised at $850,000 contributes $850,000 to the fee calculation even if there is a $400,000 mortgage. The probate inventory and appraisal California courts require should be accurate because overvaluing assets can increase fees, while undervaluing assets may create liability.

It Establishes the 90% Rule for Property Sales

When estate real property must be sold, the court may use the DE-160 appraisal to determine whether the proposed sale price is acceptable. Under California’s Independent Administration of Estates Act (IAEA), a sale price generally must reach at least 90% of the appraised value.

An inflated appraisal can block a legitimate sale. A low appraisal may reduce value to the estate.

It Creates the Baseline for Estate Accounting

Before an estate can close, the Inventory and Appraisal should be complete so the court knows what assets exist and how they may be distributed. When the executor is ready to close probate in California, the DE-160 values often become part of the final probate accounting.

The personal representative later reports what came in, what was paid out, and what remains, measured against the inventory values.

It Affects Creditor Claims and Heir Expectations

Creditors and beneficiaries often review the inventory to understand the size of the estate. An incomplete or inaccurate inventory can lead to disputes, objections, and delays that cost time and money.

What Assets Go in the Probate Inventory?

Not every asset the decedent owned belongs on the DE-160. Personal representatives must distinguish between probate assets — those that pass through the court process — and non-probate assets, which transfer automatically outside of probate.

How to Complete the Inventory and Appraisal (Form DE-160)

Completing Form DE-160 correctly is one of the most important administrative tasks in probate. Here is a practical step-by-step guide to how to complete probate inventory California courts require.

Step 1: Gather All Asset Information

Before completing the form, gather a full picture of what the decedent owned.

• Bank and investment statements as of the date of death
• Property deeds and tax records
• Vehicle titles and registration
• Business ownership records
• Loan or promissory note documents for money owed to the decedent
• Available appraisals or purchase receipts for jewelry, art, or collectibles

Step 2: Identify Cash and Non-Cash Items

Sort assets into the two DE-160 categories. Cash items go in Part 1, which you value. Non-cash items go in Part 2, which the probate referee usually values. If unsure, listing an item in Part 2 is often the safer approach.

Step 3: Complete Part 1, Cash Items

List each cash asset with a clear description and the value as of the date of death. Use statements or account records to confirm balances. You sign Part 1 under penalty of perjury.

Step 4: Prepare and Send Non-Cash Assets to the Probate Referee

Provide the referee with a detailed list of non-cash assets and supporting documents. Include property addresses, parcel numbers, account numbers, and relevant condition details when applicable.

The quality of information you provide can affect both speed and accuracy.

Step 5: Receive the Signed Appraisal

The probate referee signs and returns Part 2 of Form DE-160 with values for non-cash items. Review it carefully. If a value appears incorrect, address the issue before filing.

Step 6: Combine and File the Completed DE-160

Attach Part 1 and Part 2 to create the completed Inventory and Appraisal. File the original with the probate court and keep copies for your records. The total value becomes the official appraised estate value on file.

The Filing Deadline

California Probate Code requires the personal representative to file the Inventory and Appraisal within four months after Letters are issued. Missing the deadline may lead to an order to show cause or other court action. Start early because working with the probate referee can take time.

Supplemental Inventories: When Assets Are Found Later

In many probate cases, assets are discovered after the original DE-160 has already been filed. This happens more often than families expect, such as an overlooked bank account, a stock certificate found later, or a tax refund received after death.

When this occurs, the personal representative may need to file a Supplemental Inventory and Appraisal. The process is similar to the original filing. Cash items are usually valued by the personal representative, while non-cash items may return to the probate referee for valuation.

When to File a Supplemental Inventory

• When a new probate asset is discovered after the original DE-160 was filed
• When a previously unknown account or property is found
• When additional reporting is required because of later-discovered assets

Failing to file a supplemental inventory when required can create delays and possible liability for the personal representative. If new assets are discovered during probate, address the issue promptly.

Common Mistakes to Avoid with the Probate Inventory

Even careful personal representatives can make mistakes on the Inventory and Appraisal. Here are common problems and how to avoid them.

? Many of these issues can delay a case or trigger court follow-up. If your probate case is not moving forward as expected, see what to do next.

Missing the Four-Month Deadline

The deadline begins when Letters are issued, not the date of death. Calendar it immediately and allow time to work with the probate referee, who may have a backlog.

Omitting Assets from the Inventory

A personal representative has a fiduciary duty to locate and report estate assets. Leaving out an asset, even unintentionally, can create personal liability. Review mail, tax returns, financial accounts, and safe deposit boxes carefully.

Self-Valuing Non-Cash Assets

Personal representatives may value only cash-equivalent items in Part 1. Vehicles, real estate, stocks, and personal property usually go to the probate referee. Personal estimates for non-cash items often create problems later.

Confusing Gross Value with Net Value

For probate asset valuation California courts require, gross value usually matters, not equity. A home worth $1.2 million with a $700,000 mortgage may still contribute $1.2 million to the estate valuation for fee purposes.

Ignoring Community Property Considerations

California community property rules affect what belongs in the probate estate. If the decedent was married, distinguish between separate property, the decedent’s one-half of community property, and the surviving spouse’s share, which often does not pass through probate.

Forgetting to File a Supplemental Inventory

After the original DE-160 is filed, some families assume the inventory is complete. It is not. Newly discovered probate assets may require a supplemental inventory. Revisit this issue throughout the case.

How the Inventory Affects Statutory Fees

One of the most practical reasons to understand the probate inventory and appraisal California process is its direct connection to costs. California calculates statutory compensation for the personal representative and for any attorney involved based on a percentage of the gross appraised value of the estate — that is, the total from the DE-160 before any debts or expenses are subtracted.

The statutory fee schedule under Probate Code Section 10810 works as follows:

Both the personal representative and the attorney (if one is involved) are each entitled to this compensation — meaning the statutory fee is effectively charged twice. For a $900,000 estate, the statutory fee alone is $18,000 per party, or $36,000 total if an attorney is engaged.

This is why working with a California Registered Legal Document Assistant like Probate & More — rather than an attorney — can result in substantial savings. The inventory value is the same either way, but what you pay to administer the estate does not have to be.

Use our Probate Fee Calculator to see exactly how appraised estate value affects what you may pay, and how much you may save by using Probate & More instead of a traditional law firm.

Frequently Asked Questions About the California Probate Inventory

Frequently Asked Questions About the California Probate Inventory

Q. How long do I have to file the Inventory and Appraisal?
A. California law requires the personal representative to file Form DE-160 within four months of the date Letters Testamentary or Letters of Administration are issued. Do not wait. Coordinating with the probate referee takes time, and courts may take action if the deadline is missed.

Q. What if I find more assets after I have already filed?
A. You must file a Supplemental Inventory and Appraisal. The process is similar to the original filing. Cash items are valued by the personal representative, and non-cash items go to the probate referee. There may be no issue with filing a supplement, but failing to report newly discovered assets can create problems.

Q. Do I need to list my loved one’s car on the inventory?
A. Yes, if the vehicle was owned solely by the decedent and does not transfer by another method such as joint tenancy. Vehicles are non-cash assets and are typically valued by the probate referee. Provide the year, make, model, VIN, and mileage.

Q. Who pays the probate referee’s fee?
A. The probate referee’s fee is an estate expense paid from estate funds. The statutory fee is generally 0.1% of the appraised value of the non-cash assets, with a $75 minimum.

Q. Can I value assets myself instead of using the referee?
A. Only for cash items in Part 1, such as bank accounts, money market accounts, cash on hand, and similar liquid assets. Non-cash items are generally valued by the court-appointed probate referee.

Q. What happens if I miss the four-month deadline?
A. The court may issue an order to show cause, require an explanation for the delay, and in serious situations consider removal of the personal representative. If you are behind, act quickly and consider filing a status report explaining the circumstances.

Q. Does the inventory include the decedent’s half of community property only?
A. Yes. If the decedent was married, the probate estate generally includes the decedent’s separate property and the decedent’s one-half share of community property. The surviving spouse’s half usually does not pass through probate.

How Probate & More Can Help

Managing the probate inventory and appraisal California courts require is one of the earliest and most important tasks in probate. As a California Registered Legal Document Assistant, Probate & More prepares documents accurately, efficiently, and at a fraction of typical attorney costs.