Is a new appraisal needed to sell property after one year?

Full question:

Owner of real property was deceased intestate Sept. 2005 and administrator appointed. Appraisal completed 7 months ago. Is new appraisal required to sell property due to time beyond one year since deceased became deceased?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: California

Answer:

According to Section 10308 of the California Probate Code, sales of real property must be reported to and confirmed by the court before the title passes to the buyer, regardless of whether it’s a private sale or public auction.

Section 10309 outlines that a private sale of real property cannot be confirmed by the court unless:

1. The property has been appraised within one year prior to the confirmation hearing.
2. The valuation date of the appraisal is within one year of the confirmation hearing.
3. The offered price is at least ninety percent of the appraised value.

A new appraisal may be conducted before the sale or confirmation if:

1. The property has not been appraised before.
2. The last appraisal was more than one year before the confirmation hearing.
3. The valuation date of the last appraisal is over one year old.
4. The court believes the last appraisal is inaccurate.

If a new appraisal is needed, it does not have to be done by a probate referee if the original appraisal was by someone else. If the original appraisal was by a probate referee, they can conduct the new appraisal without further court orders unless they are unable to act.