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Choosing an Appraiser in ClaremontBy Gordon Hall7 min read

Choosing an Appraiser for a Claremont Estate, Divorce or Tax Appeal Assignment

Pick a licensed, local, independent appraiser and settle the date and readers first. The CPA, attorney, court or board decides how the value is used.

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For an estate, a divorce or a property tax appeal, choose a California-licensed residential appraiser whose license level fits the property, who works the county the property sits in, and who will write the report around the date and the readers this one matter needs. The appraiser does not decide how the value is used. The CPA or the attorney decides that for an estate, the parties, a mediator or the court for a divorce, and the assessor or the assessment appeals board for a tax appeal. Choose for competency, independence and a clearly stated assignment, not for a number.

What do estate, divorce and tax appeal assignments have in common?

In each, the person or attorney ordering the work is the client, the party who engages the appraiser, and the report is written for someone else to weigh. Three things matter most:

  • The effective date, the date the opinion of value applies to. It is often not today: a date of death, a date of separation or the January 1 lien date.
  • The intended use, what the report will be used for, and the intended users, the people entitled to rely on it. Both are named on the face of the report.
  • Independence. The appraiser is independent of every party, including the one who pays, and the fee does not depend on the value.

A private assignment does not loosen the standards. California's Business and Professions Code section 11319 makes the Uniform Standards of Professional Appraisal Practice (USPAP), the national appraisal standards published by The Appraisal Foundation, the minimum standard of conduct and performance for a licensee "in any work or service performed that is addressed by those standards." Must every Claremont appraiser follow USPAP? explains where that rule reaches and where it stops.

Who decides how the value is used?

AssignmentUsual effective dateWho reads the reportWho decides how the value is used

Estate or date of death

The date of death, or another date the CPA or attorney specifies

Executor, successor trustee, heirs, CPA, estate attorney

The CPA or the attorney; in probate, the court

Divorce

Current, a retrospective date such as the date of separation, or both

Both parties or their attorneys, a mediator, a judge

The parties, the mediator or the family court

Property tax appeal

The January 1 lien date, unless the matter requires another date

The county assessor and the assessment appeals board

The assessor on a review, the board on a formal appeal

That last column is why no report settles anything by itself. Admissibility is always the court's decision.

What to look for on an estate assignment

An estate appraisal is usually a retrospective appraisal, an appraisal whose effective date is in the past, so the comparable sales must have closed on or before the date of death and the market is read as it was then. Long-held houses near the Village and in the postwar tracts often reach an estate with enclosed porches or an old garage conversion, and the report must describe the house as it stood then, stating any assumption plainly.

Look for an appraiser who writes the estate report for the executor, trustee, CPA or attorney who has to file it, and who asks for the date of death, photographs from around that time, and whether the house has since sold. In a California probate, the probate referee's inventory valuation is a separate, court-appointed role; section 11302 of the Business and Professions Code says the appraiser licensing law does not apply to a probate referee acting under Probate Code sections 400 to 408 unless the transaction is federally related. Who appraises inventory property in a California probate covers that role, and the estate and date-of-death appraisal page describes the assignment.

What to look for on a divorce assignment

A divorce report is read by two sides who often start from different numbers, so every comparable and adjustment needs a plain explanation, especially on a Village Craftsman with a rear unit or a Claraboya view home that one spouse values and the other does not.

Settle three things first. Who is the client: one spouse, both spouses, or both attorneys? A joint engagement names both parties as intended users and delivers one report to both at once; what a joint engagement is walks through it. Which dates are needed: a current value, a date of separation, or both? And will a declaration or testimony be needed? Settle that at engagement. An appraiser who offers to take one spouse's part has described the wrong job. The divorce appraisal page sets out the assignment.

What to look for on a tax appeal assignment

California Revenue and Taxation Code section 2192 says tax liens "attach annually as of 12:01 a.m. on the first day of January," which is why a decline-in-value appraisal is usually made as of that January 1. The county matters as much as the date. Claremont, La Verne and Pomona are assessed by the Los Angeles County Office of the Assessor; cross Mills Avenue into Montclair, or the Claremont and Upland boundary, and the San Bernardino County Assessor-Recorder-County Clerk assesses the property, with a different appeals board.

The county's assessed value is the taxable value under California's assessment rules; it is not an appraisal. Look for an appraiser who chooses comparables from the right side of the line, or explains a sale across it, and documents condition as of the lien date. Filing periods are set by each county, so confirm the current period on the Los Angeles County or San Bernardino County appeals page before filing. Why the effective date is the lien date goes further, and the property tax appeal appraisal page describes the report.

What should you check before engaging anyone?

  1. The license. Look the appraiser up on the BREA license search and confirm the status is Active and the level fits the property. The record also lists course history; Gordon Hall's record, for example, shows a course titled "Divorce and Estate Appraisals: Elements of Non-Lender Work." Course history is a fact about study, not a specialty designation.
  2. Geographic competency, knowing the local market well enough to choose and adjust comparables credibly. In Claremont that means reading the Village, the postwar tracts, Claraboya and the county line as separate markets.
  3. The assignment in writing. Client, intended use, intended users, effective date, scope of work, fee and delivery. What an engagement letter should state lists each item.
  4. No value talk. No figure or range before the inspection and analysis, and no question about what number you need. Red flags when hiring an appraiser lists the rest.

The pillar, how to check a Claremont appraiser, sets out these checks in full, and the Choosing an Appraiser in Claremont hub collects the series.

Next step

Every report here is prepared and signed by Gordon Hall, California Certified Residential Real Estate Appraiser, BREA No. AR003877, working Los Angeles and San Bernardino counties; the about page explains how assignments are accepted, and the Claremont area page describes the pockets the reports cover. The fee is set by the scope of the assignment and quoted before work begins, and it does not depend on the value. To settle the effective date, intended users and scope of an estate, divorce or tax appeal matter first, request an appraisal or call (909) 324-6122.

Sources

Gordon Hall, California Certified Residential Real Estate Appraiser, BREA No. AR003877 (lookup: https://www2.brea.ca.gov/breasearch/faces/party/view.xhtml?id=23601). Reports are prepared in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP). Nothing here is legal or tax advice; admissibility is always the court's decision.

Frequently asked questions

Does an estate, divorce or tax appeal appraisal have to follow USPAP?

When it is prepared by a California-licensed appraiser, yes. Business and Professions Code section 11319 makes USPAP the minimum standard of conduct and performance for a licensee in any work addressed by those standards, so a private assignment is held to the same standards as a lender order.

Who decides how the appraised value is used in an estate, a divorce or a tax appeal?

Not the appraiser. For an estate, the CPA or the attorney decides, and in probate the court. In a divorce, the parties, a mediator or the family court decide. In a tax appeal, the assessor decides a review and the assessment appeals board decides a formal appeal.

Can one appraiser serve both spouses in a divorce?

Yes, through a joint engagement that names both parties or both attorneys as intended users, the people entitled to rely on the report. One inspection and one report go to both at once. Either side may still hire its own appraiser instead.

What effective date does a property tax appeal appraisal use?

Usually the January 1 lien date. California Revenue and Taxation Code section 2192 says tax liens attach annually as of 12:01 a.m. on the first day of January. Filing periods are set by each county, so confirm the current period on the county's appeals page.

Gordon Hall

Mr. Cali Appraisals

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