Commercial appraisal services / Probate appraisals

In a California probate, the court's referee appraises the building. Know what a second appraisal is for.

The executor of an estate that holds an apartment building, a storefront or an office property may be surprised that the value filed with the court does not come from an appraiser the family chooses. A separate appraisal still has real uses. This page explains which, and the San Francisco rules around them.

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Does a California probate require you to hire an appraiser?

Not for the court's inventory. In a formal probate the personal representative files an Inventory and Appraisal within four months after letters are issued (Probate Code section 8800; Judicial Council form DE-160). The representative values the cash-type items. Every other asset, real estate included, is appraised by a probate referee at fair market value as of the date of death (Probate Code sections 8901 and 8902). The court's instruction sheet for representatives, form DE-147, says you must arrange for the referee to value the property unless the court waives the appointment.

Referees are appointed by the State Controller. In San Francisco, Local Rule 14.12 says the referee is named in the same order that appoints the personal representative.

Can the referee be skipped? Probate Code section 8903 allows a petition to waive. San Francisco's Local Rule 14.27 requires that petition to state the source of the values in the inventory, and adds: "Waivers of appraisal are not favored and are not routinely granted."

What a separate appraisal is for

Each of these is a question to settle with the estate's attorney before ordering anything.

Judging an offer before the sale hearing. When a sale needs court confirmation, the court's order form (DE-265) has the judge find that a private-sale bid is 90% or more of the appraised value, as appraised within one year of the hearing. A current market appraisal can help the representative weigh an offer for a building with leases in place. It does not replace the referee's figure.
A buyout between heirs. If one heir keeps the building, the others may want a current value, sometimes for a share and not the whole parcel.
Tax basis and any estate tax return. These generally use the date of death. See the date-of-death and tax-basis page.
A second view of a difficult property. Where income records are thin or the heirs disagree, your attorney decides whether an independent opinion helps and how it is used.

Three things a probate value depends on

Which date?

The inventory uses the date of death. A sale hearing looks for an appraisal no more than a year old. A buyout raises a current-date question.

Which interest?

An estate may hold a share of a building with co-owners. Local Rule 14.32(G) requires a sale petition to show that partial interest, with any overbid calculated on 100% of the property value. Say at the first call what the estate actually owns.

Which income and condition?

For the date of death, the leases, rent collected and vacancies on that date are the evidence. Work done by the estate afterwards belongs to a later date.

Where San Francisco probate matters are heard

The Probate Court of the Superior Court of California, County of San Francisco sits at the Civic Center Courthouse, 400 McAllister St., Department 204. Under Local Rule 14:

Hearings to confirm sales are held at 9:00 a.m. on Monday, Tuesday and Wednesday and are the first matters called (Rule 14.30).
For a private sale to be confirmed, an appraisal must be on file, with a reappraisal for sale if the death was more than one year before the confirmation hearing. Both must be on file before the hearing date (Rule 14.32).

The version read for this page was revised July 1, 2026, and changes proposed for January 1, 2027 were open for public comment.

One more office is involved. When the inventory is filed, the representative must also file a change of ownership statement with the county. In San Francisco that goes to the Office of the Assessor-Recorder, and for a commercial building it leads to reassessment as of the date of death. The estate and trust page explains that rule.

A newer shortcut does not help here. California's simplified petition for transferring real property without full probate was limited in 2025 to the decedent's main home, according to the courts' self-help guide. It does not cover a commercial building.

What to gather before you call

Bring or describe	Why it helps
The date of death and the date letters were issued	Sets the inventory date and shows how much of the four months is left.
What the estate owns: the whole parcel or a share	Defines the interest before any fee is quoted.
The referee's appraisal, if it is already on file	Shows the figure the court will measure a sale against, and its date.
The rent roll, leases and operating statements for the date needed	Describes the income on that date.
Any offer, listing or sale hearing date	Tells Kevin which date and deadline matter most.
Your attorney's instructions and who will rely on the report	Names the intended use and users before work starts.

From the first call to the report

Describe the property, the estate's interest, the date needed and the purpose.
Kevin O'Brien reviews whether the assignment fits and confirms the scope, fee and delivery estimate in writing.
You supply the records for that date and arrange access to the units, suites and common areas.
The report states the interest, the effective date, the intended use and users, and its assumptions.

Appraisals are performed by Kevin O'Brien, MAI, SRA, California Certified General Real Estate Appraiser, License #3005065. An independent appraisal is not the court's inventory value and is not a promise that a judge, a referee or another party will adopt it. As the services page puts it: "Testimony is not assumed; whether Kevin O'Brien appears at a deposition or hearing is agreed in writing at engagement."

Fees and timing

The site's published fee guide says: "Commercial property appraisals in San Francisco with KO Commercial Appraisal San Francisco typically start around $2,000 and can exceed $6,000 for larger or more complex properties, depending on size, use, and unit count." The starting fees by property type and size are in How Much Does It Cost To Appraise A Commercial Property In San Francisco? That guide is not a quote. If a hearing is close, see rush requests.

Start with the estate's interest and the date

Tell Kevin which San Francisco property the estate holds, what share, and which date your attorney needs valued. This page describes what the rules say. Confirm how they apply with your attorney or CPA.

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Published by KO Commercial Appraisal. Appraisals are performed by Kevin O'Brien, MAI, SRA, California Certified General Real Estate Appraiser, License #3005065.

Sources and rules cited on this page were checked on October 8, 2026. This is general information, not legal or tax advice, and not an appraisal of any property.

This page was written with AI assistance for KO Commercial Appraisal.

Probate appraisals of commercial property in San Francisco