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PROBATE REFEREE
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Written Qualifying Examination
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| EXAMINATION DATE: Saturday,
March 29, 2008 FINAL FILING DATE: March
17, 2008 All applications must be received
by the final filing date. Applications arriving through the mail,
or personally delivered after the final filing date, will not be
accepted for any reason. You may obtain an application by contacting
CPS Human Resource Services at the address or telephone number listed
below, or by visiting www.cps.ca.gov
or www.sco.ca.gov. Applications
may be filed in person or by mail with:
CPS Human Resource Services
Attn.: Probate Referee Program
241 Lathrop Way
Sacramento, CA 95815
Telephone: (916) 263-3624, Option #7 then #5
California Relay Service from TDD: 1-800-735-2929
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EXAMINATION FEE
An examination fee of $75.00 (check or money order made payable to the Office of the State Controller) is
required of each applicant, and must accompany the application. This fee is not refundable.
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DEFINITION
A Probate Referee independently appraises all real estate and tangible and intangible personal property
except cash-type items in probate estates; applies probate law to the facts; may hold hearings to obtain
the necessary facts and resolve issues of the application of the law to the facts; and other duties as provided by law.
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APPOINTMENT
A Probate Referee is appointed to a panel in the county of his or her residence by the State Controller for a term
of four (4) years or as otherwise provided by law from a list of persons determined to meet the minimum qualifications.
There are approximately 132 Probate Referee positions on county panels
statewide; currently, approximately 33 of these positions will be available
for re-appointment. Please note that the law gives the State Controller
absolute authority over the establishment of standards of training, performance
and ethics for Probate Referees. Appointments are subject to termination
for a violation of established standards of training, performance or ethics
or for any other reason provided by law.
Prior to appointment, personal interviews and fingerprints will be required. Investigation may be made of experience
and personal histories.
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LENGTH OF QUALIFICATION
A person who passes the examination is eligible for appointment for a period of five (5) years from the date of
examination. Applicants must still successfully complete any additional qualifications required by the appointing
Controller, including but not limited to, an interview.
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COMPENSATION
Probate Referees are not salaried but are remunerated, by law, by fees paid directly by the estate (ordinarily
1/10 of 1% of the appraised value in each case -- cash-type items excepted -- to a maximum of $10,000 per estate)
from which the referee must pay all expenses (mileage, rent, employee salaries, office expenses, etc.).
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PROHIBITED PARTISAN POLITICAL ACTIVITIES
A Probate Referee (or any applicant for or person seeking such appointment) shall not, directly or indirectly: (a)
solicit, receive, or contribute, or be in any manner concerned in soliciting, receiving or contributing, any
assessment, subscription, contribution or political service for any campaign for the Office of the State Controller;
or (b) solicit, receive or contribute, or be in any manner concerned in soliciting, receiving or contributing,
any assessment, subscription or contribution for any campaign for any other partisan public office of this state
exceeding $200 to any party or any candidate in any one year.
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Any person who within the last two (2) years preceding appointment has engaged in any such prohibited activity
is not eligible for appointment. Probate Referees must agree to not solicit nor receive political contributions from
persons related to the conduct of Probate Referee business.
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MINIMUM QUALIFICATIONS
To be appointed as a Probate Referee, a person must by experience, background,
training and temperament, be qualified to exercise sound judgment in the
determination of fair market values of property of all types, real and personal.
Applicants must possess the education/experience requirements as
listed on the application to be accepted into the written examination.
Passing the written examination is also required of those seeking appointment
as a Probate Referee.
The written examination will last approximately three (3) hours and
will be administered by CPS Human Resource Services in as many locations
statewide as the candidate group justifies. Travel to testing sites will
be minimized to the extent possible given the geographical breakdown of
those accepted into the written test. Notices will be mailed to those
accepted into the written examination prior to the written test indicating
where and when to appear for the exam. Reasonable accommodation may be
made for unusual circumstances such as religious convictions or physical
conditions. A written explanation and request must accompany the application.
Candidates may bring non-programmable calculators to the examination.
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SCOPE OF WRITTEN EXAMINATION
- Principles, methods and techniques of appraising real property of all types, including residential, rural,
industrial and commercial.
- Principles, methods and techniques of appraising tangible and intangible personal property of all types, including
business, partnerships and closely held corporations.
- Judgment; analytical and reasoning ability.
- General understanding of the laws and procedures relating to probate, wills, community and quasi-community property.
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See:
http://www.sco.ca.gov/eo/probate/examprep.pdf for additional information.
Position Requirements
Application for Probate Referee (This
is a PDF file. It may take a minute or two to download this application)
Download
Adobe Acrobat Reader to view PDF files
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