Anaheim California Notice of Filing of Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property

State:
California
City:
Anaheim
Control #:
CA-GC-042
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PDF
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This form is an official California Judicial Council form which complies with all applicable state codes and statutes. USLF updates all state forms as is required by state statutes and law.

The Anaheim California Notice of Filing of Inventory and Appraisal is a legal document that provides important information regarding the inventory and appraisal of property in Anaheim, California. It serves as a notice to interested parties about the assets and their corresponding appraised values. This notice is typically issued during the probate process, where the assets of a deceased person are evaluated and distributed to the beneficiaries. The Notice of Filing of Inventory and Appraisal informs all interested parties, such as heirs, creditors, and other beneficiaries, about the inventory and appraisal of the property. There are two main types of Anaheim California Notice of Filing of Inventory and Appraisal: 1. Inventory: This refers to the complete list of assets, including real estate, personal property, bank accounts, investments, and any other valuable possessions that belonged to the deceased individual. The inventory should provide a comprehensive and detailed description of each item, along with its estimated value. 2. Appraisal: Once the inventory is prepared, a professional appraiser will evaluate the value of each asset listed. The appraiser considers market conditions, age, condition, and other relevant factors to determine the fair market value of the property. The appraisal report is then included in the Notice of Filing of Inventory and Appraisal. Now, if an interested party wishes to object to the inventory or the appraised value of any property listed, certain steps should be followed: 1. Review the Notice: Carefully review the Notice of Filing of Inventory and Appraisal to gain a clear understanding of the assets and their assigned values. Note any discrepancies or inaccuracies that may require objection. 2. Grounds for Objection: Identify valid grounds for objection, such as improper valuation methods used by the appraiser, missing or undervalued assets in the inventory, or any other material errors that may have affected the appraisal process or outcome. 3. Consult an Attorney: Seek legal advice from an experienced probate attorney who specializes in estate administration. They can guide you through the process and help you draft a formal objection letter. 4. File an Objection: Prepare a written objection detailing the specific reasons for your disagreement with the inventory or appraisal. Include all supporting documentation, evidence, and any expert opinions that may bolster your case. File the objection with the appropriate probate court within the specified deadline mentioned in the Notice. 5. Attend the Hearing: After filing the objection, you may need to appear in court for a hearing. Present your case, arguments, and evidence effectively to support your objection. The court will then review all the information and make a decision regarding the disputed inventory or appraisal. It is crucial to ensure all parties involved adhere to the legal process and follow the prescribed timelines to avoid any adverse consequences. Seeking professional legal guidance throughout this complex procedure is highly recommended protecting your interests and ensure a fair resolution.

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FAQ

The Inventory and Appraisal must be filed with the Court no later than four months after the court issues Letters Testamentary or Letters of Administration. In conservatorships, the Inventory and Appraisal must be filed within 90 days after the appointment of the Conservator.

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California law says the personal representative must complete probate within one year from the date of appointment, unless s/he files a federal estate tax. In this case, the personal representative can have 18 months to complete probate.

Prospective probate referees must pass a state-administered test on probate procedures and appraisal principles. The Controller then appoints at least one probate referee per county based on the recommendations of a panel of lawyers and judges who interview qualified candidates.

The California Probate Referee system offers independent, low cost, prompt, and reliable appraisals of all types of estate assets, including businesses, securities, real estate, and personal property.

A probate referee is entitled to a fee from the estate that equals . 001% of the total assets appraised by the probate referee. The probate referee is also entitled to actual and necessary expenses for each estate appraised. See California Probate Code § 8961.

What is the Inventory and Appraisal? The Inventory and Appraisal is a complete listing of the estate assets as of a particular date, usually the date of death. In a guardianship or conservatorship estate, it is the date of appointment.

What is a probate referee? Probate referees are appointed by the California State Controller's Office. They review the inventory of the estate and then make an appraisal of the non-monetary assets listed there.

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Anaheim California Notice of Filing of Inventory and Appraisal and How to Object to the Inventory or the Appraised Value of Property