Does real estate have to be appraised to settle the estate

UPDATED: Sep 30, 2022

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Does real estate have to be appraised to settle the estate

The attorney is trying to settle the
estate on the assessed value rather
than having the property appraised

Asked on February 28, 2017 under Estate Planning, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is no law requiring an appraisal; that said, if an interested party (e.g. a beneficiary or heir; someone who has a legal stake or interest in the estate and its value) believes that the valuation of the estate is incorrect, he or she could bring a legal action seeking to compel an appraisal; interested parties can challenge what is being done to settle an estate. It would be a good idea for the person challenging the valuation to retain a probate attorney to help--the procedures for this kind of an action are much more complex than those for, say, filing a small claims suit. But if the person were determined to do it him/herself, he or she should contact the clerk of the probate court, who could provide instructions (or least direct them to where they can find instructions and possibly template or sample legal materials).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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