When someone dies and leaves behind property in California, the executor has a legal duty to document everything the estate owns and what it's worth. This isn't optional paperwork the California probate estate inventory and appraisal form is a court-required filing that protects beneficiaries, creditors, and the executor personally. Miss it, file it wrong, or skip the appraisal, and you risk court sanctions, delays, or personal liability for estate losses. If you've been appointed as executor and you're staring at unfamiliar court forms, this article walks you through exactly what to file, when to file it, and how to avoid the mistakes that trip up most people.
What is the estate inventory and appraisal in California probate?
Under California Probate Code Section 8800, the executor (called a "personal representative" in court) must prepare a written inventory listing all assets the deceased owned or had an interest in at the time of death. Each asset must be appraised by a court-appointed probate referee. This isn't a casual list it's a sworn document filed with the probate court that becomes part of the official record.
The inventory and appraisal tells the court, beneficiaries, and creditors exactly what the estate contains and what those assets are worth. It serves as the baseline for everything that follows in probate: paying debts, distributing property, and closing the estate. If you're early in the process and still working through how to file the initial petition to open probate, the inventory comes after you've been officially appointed.
Which California probate forms do you actually need to file?
The main forms are:
- Form DE-160 Inventory and Appraisal of Estate. This is the primary form where you list every asset in the estate, its description, and the appraised value.
- Form DE-161 Attachment to the Inventory and Appraisal. If you have more assets than fit on DE-160, you use this as a continuation page.
- Form DE-162 Property Tax and Supplemental Tax Information. You'll need this for real property to report assessed values for tax purposes.
Some executors confuse these with other probate forms. If you're unsure about which forms apply to your situation, our comparison of DE-111 vs. DE-121 and when to use each explains how different court forms serve different purposes in the process.
When do you have to file the inventory and appraisal?
California law gives you four months from the date you were appointed as executor to file the inventory and appraisal with the court. That deadline starts ticking from the letters testamentary or letters of administration being issued not from the date of death and not from when you filed your petition.
If you can't make the four-month deadline, you can request an extension by filing a request with the court before the deadline passes. Don't wait until after it's due courts are far less forgiving about missed deadlines than they are about timely extension requests.
What assets have to be listed on the inventory?
Everything the deceased owned or had a financial interest in at the time of death. This includes:
- Real property homes, land, rental properties, timeshares, and any real estate held in the decedent's name alone
- Bank accounts checking, savings, CDs, and money market accounts in the decedent's sole name
- Investment accounts brokerage accounts, stocks, bonds, and mutual funds that are part of the probate estate
- Personal property vehicles, jewelry, furniture, art, collectibles, electronics, and household goods
- Business interests ownership stakes in LLCs, partnerships, sole proprietorships, or closely held corporations
- Money owed to the decedent promissory notes, outstanding loans, tax refunds, and pending legal settlements
- Retirement accounts and life insurance only if payable to the estate rather than a named beneficiary
Not every asset goes through probate. Property held in a living trust, joint tenancy accounts, and retirement plans or life insurance with named beneficiaries typically pass outside probate and don't belong on the inventory. If the estate is small enough, it might qualify for a small estate affidavit under Probate Code Section 13100, which skips the full probate process entirely.
How does the probate referee appraisal work?
California doesn't let the executor set the values. The court appoints a probate referee an independent appraiser certified by the state to appraise most estate assets. Here's how it works in practice:
- You fill out the inventory form with asset descriptions and locations.
- You send the inventory to the probate referee assigned to your case.
- The referee inspects or reviews the assets and assigns fair market value as of the date of death.
- The referee signs and returns the completed appraisal to you.
- You file the completed, referee-signed inventory and appraisal with the court.
The probate referee charges a fee set by law typically one-tenth of one percent of the appraised value of estate assets (with a minimum fee). The estate pays this fee, not the executor personally.
One exception: the executor can self-appraise cash assets and certain financial instruments like publicly traded stocks. These don't need a probate referee. But real property, personal property, private business interests, and collectibles all require the referee's appraisal.
What information goes on Form DE-160?
Each entry on the inventory form requires specific details:
- Schedule A Real Property: Legal description, street address, assessed value for property tax, and appraised fair market value
- Schedule B Stocks, Bonds, and Notes: Description, number of shares, where held, and date-of-death value
- Schedule C Cash and Cash Equivalents: Account type, institution name, account number, and balance
- Schedule D Life Insurance and Annuities: Only policies payable to the estate
- Schedule E Retirement Plans: Only if payable to the estate
- Schedule F Other Personal Property: Vehicles, jewelry, household items, and everything else
Be precise. Don't write "house" include the full address and legal description. Don't write "bank account" specify the institution, account type, and last four digits of the account number. Vague entries get flagged by the court.
Common mistakes executors make with the inventory and appraisal
Errors on the inventory and appraisal can delay probate for months. Here are the most frequent problems:
- Missing the four-month deadline. Some executors don't realize the clock starts from appointment, not from the date of death.
- Forgetting assets. Executors sometimes overlook safe deposit boxes, digital assets, outstanding tax refunds, or personal property stored elsewhere. If you're filing other probate forms, make sure you're not making common mistakes that cause court rejection.
- Listing non-probate assets. Don't include trust property, joint tenancy accounts, or assets with named beneficiaries. Only probate estate assets go on this form.
- Using retail or sentimental values. The appraisal must reflect fair market value at the date of death what a willing buyer would pay a willing seller not replacement cost, insurance value, or what the asset means to the family.
- Filing before the referee signs. The inventory isn't complete until the probate referee has appraised and signed. Filing the unsigned version will get it rejected.
- Skipping real property tax information. If the estate contains real estate, Form DE-162 must be filed with the inventory. Leaving it out triggers a court rejection.
Does the executor get paid for handling the inventory?
Yes. California executors are entitled to statutory fees based on the total value of the estate (Probate Code Section 10800). The inventory and appraisal determines the estate's value, which directly affects the executor's compensation. On a $500,000 estate, the executor fee works out to $13,000. On a $1 million estate, it's $23,000. Getting the inventory right matters it's the foundation for your fee calculation.
What happens after the inventory is filed?
Once filed, the inventory becomes a public court record. Beneficiaries can review it and object if they believe assets are missing or undervalued. Creditors use it to determine whether the estate can pay outstanding debts. The executor uses it to plan asset sales, distributions, and tax filings.
If new assets are discovered after the initial filing, you file an supplemental inventory and appraisal using the same DE-160 form. There's no penalty for filing a supplement the court expects it when previously unknown property surfaces.
Tips for filing the inventory and appraisal correctly
- Start gathering records immediately after your appointment. Request statements from every financial institution, search for safe deposit boxes, and check the decedent's tax returns for asset clues.
- Contact the probate referee early. Referees handle multiple cases, and scheduling delays are common. Don't wait until month three to reach out.
- Photograph personal property before and during the appraisal process. This protects you if a beneficiary later claims items were lost or mishandled.
- Keep copies of everything. Maintain your own file with the completed inventory, referee correspondence, and the filed-stamped copy from the court.
- Request an extension proactively if you know you'll miss the deadline. Filing a late inventory without court approval is far worse than asking for more time.
Quick checklist before you file
- You have been officially appointed as executor and have your Letters Testamentary.
- You've identified every asset in the probate estate and excluded non-probate property.
- You've entered all assets on Form DE-160 (and DE-161 if needed) with full descriptions.
- The probate referee has appraised all assets requiring professional valuation and signed the form.
- You've self-appraised cash accounts and publicly traded securities.
- You've completed Form DE-162 for any real property in the estate.
- You've calculated the probate referee's fee and arranged payment from the estate.
- You're filing within four months of your appointment or you've already obtained a court-approved extension.
- You've made copies of the completed, filed inventory for your personal records.
File the original with the clerk's office in the county where probate is open. Serve a copy on any interested parties who have requested notice. Keep your filed-stamped copy it's proof you met your legal obligation. If you run into problems with this or any other court form filing, review what causes most probate court form rejections so you can avoid them before submitting. You can also reference the official California Courts self-help resource on probate for current form versions and instructions.
How to Complete a Ca Probate Court Petition Form
California Probate Forms De-111 vs De-121 Guide
California Small Estate Affidavit Eligibility Rules Under Probate Code Section 13100
California Probate Form Filing Mistakes That Cause Rejection
Understanding California's De-160 Estate Inventory Form
Filling Out California Probate Court Forms for a Hearing