SECTIONS 8940-8941 - California Statutes

PROBATE CODE

SECTION 8940-8941

8940. (a) The probate referee shall promptly and with reasonable
diligence appraise the property scheduled for appraisal by the
probate referee in the inventory that the personal representative
delivers to the referee.
(b) The probate referee shall, not later than 60 days after
delivery of the inventory, do one of the following:
(1) Return the completed appraisal to the personal representative.
(2) Make a report of the status of the appraisal. The report shall
show the reason why the property has not been appraised and an
estimate of the time needed to complete the appraisal. The report
shall be delivered to the personal representative and filed with the
court.

8941. (a) The court shall, on petition of the personal
representative or probate referee, or may, on the court's own motion,
hear the report of the status of the appraisal. The court may issue
a citation to compel the personal representative or the probate
referee to attend the hearing.
(b) If the probate referee does not make the report of the status
of the appraisal within the time required by this article or
prescribed by the court, the court shall, on petition of the personal
representative or may, on its own motion, cite the probate referee
to appear before the court and show the reason why the property has
not been appraised.
(c) Upon the hearing, the court may order any of the following:
(1) That the appraisal be completed within a time that appears
reasonable.
(2) That the probate referee be removed. Upon removal of the
probate referee the court shall designate another probate referee in
the manner prescribed in Section 8920.
(3) That the commission of the probate referee be reduced by an
amount the court deems appropriate, regardless of whether the
commission otherwise allowable under the provisions of Sections 8960
to 8964 would be reasonable compensation for the services rendered.
(4) That the personal representative deliver to the probate
referee all information necessary to allow the probate referee to
complete the appraisal. Failure to comply with such an order is
grounds for removal of the personal representative.
(5) Such other orders as may be appropriate.