Probate Appraisal Group

FAQ

What are the common mistakes in probate?

A common mistake is treating probate inventory as a rough estimate rather than a formal, defensible valuation, which leads to wrong values, missing assets, and rejected filings.

The errors that cause the most problems

  • Using the wrong valuation date. Probate inventory must reflect fair market value as of the date of death, not current replacement cost, insurance value, or sentimental estimates. Executors who use the wrong standard often have to redo the work.
  • Self-valuing items that should be appraised. Guessing at values for jewelry, art, antiques, furniture, and other personal property instead of obtaining a qualified appraisal invites challenges from beneficiaries, creditors, or the court itself.
  • Incomplete or vague descriptions. Listing "furniture" or "jewelry" without specifics doesn't hold up. Courts and the IRS expect itemized inventories that identify each asset clearly enough to support the stated value; see our guide on what possessions need to be valued for probate for a fuller list of categories.
  • Mixing up probate and non-probate assets. Property that passes by beneficiary designation or joint ownership with right of survivorship generally doesn't belong on the probate inventory, while assets that do belong to the estate sometimes get overlooked entirely.
  • Confusing gross value with net value. Many inventories mistakenly deduct mortgages, loans, or liens directly from the listed value. Courts typically want gross value reported, with debts listed separately.
  • Missing deadlines or filing requirements. Every state sets its own inventory and appraisement deadlines and forms; missing them can create unnecessary friction with the court.

Why a professional appraisal helps

An independent, USPAP-compliant appraisal establishes fair market value as of the date of death and gives the executor a defensible record if values are later questioned. This matters most for household contents, collectibles, and other personal property categories where value isn't obvious from a receipt or account statement. For more on what typically needs a formal valuation, see what is included in probate inventory.