{"id":264,"date":"2019-03-22T08:40:55","date_gmt":"2019-03-22T15:40:55","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/probate\/?p=264"},"modified":"2022-11-09T11:01:44","modified_gmt":"2022-11-09T18:01:44","slug":"how-to-value-property-for-probate","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/probate\/blog\/how-to-value-property-for-probate\/","title":{"rendered":"How to Value Personal Property for Probate"},"content":{"rendered":"

Introduction<\/h2>\n

In probate<\/a> proceedings, the decedent\u2019s assets can be lumped into two categories: real property and personal property. Real property includes any type of real estate, such as a house, condo, or land.<\/p>\n

Personal property generally refers to any other type of property that a person or estate may own. Personal property can include tangible assets like vehicles, art, jewelry, and collectibles, and it can include intangible assets like bank accounts, brokerage accounts, and retirement plans.<\/p>\n

The Best Methods to Value Personal Property<\/h4>\n

There\u2019s no one-size-fits-all solution when it comes to valuing personal property for probate. The best valuation method will depend on the type of asset you\u2019re dealing with, and it may hinge on whether or not another interested party to the estate is disputing the valuations. When there aren\u2019t any objections or disputes and the probate process is informal<\/a>, then well-informed approximations will usually suffice. If, however, there is a dispute and the probate process is formal and\/or supervised<\/a>, you\u2019ll probably need to have the disputed assets professionally appraised.<\/p>\n

Antiques<\/h4>\n

Antiques are notoriously difficult to value. By definition, antiques are old and unique, so it\u2019s often difficult to find comparable items for valuation purposes. You\u2019ll probably need to have antiques appraised by a qualified antiques dealer or professional appraiser.<\/p>\n

Art<\/h4>\n

If the art piece is from a distinguishable artist, you should be able to find comparable pieces from the artists on auctions and Classifieds listings. For rare art pieces, you\u2019ll probably need to have the piece appraised by a professional. Note that if you\u2019re auctioning off the art, most auction houses will include the appraisal cost in their cut of the proceeds so there\u2019s no out-of-pocket cost to you.<\/p>\n

Business Interests<\/h4>\n

If the business was recently purchased, you may be able to use the purchase price. Otherwise, look for any value listed in an agreement between the business partners, or hire a professional business appraiser to value the business (usually an accountant, consultant, or investment banker). If the business won\u2019t continue after the decedent\u2019s death, you can determine the value based on the value of the business\u2019s assets instead.<\/p>\n

Collectibles<\/h4>\n

You may be able to find comparable items on the open market in Classifieds ads or auctions, but the value of collectibles will usually hinge on the condition of the items, and whether or not the items come in a full set. If the value of the collectibles is low to moderate, using comparable prices should suffice; if the collectibles are rare and extremely valuable, you\u2019ll probably need to visit a professional appraiser that specializes in that field of collectibles.<\/p>\n

Financial Accounts<\/h4>\n

Individually-owned bank accounts, brokerage accounts, and retirement accounts are the easiest assets to value. The court will want to see the value of the account at the date of death, including any interest earned through that date. Financial accounts that have a designated beneficiary or a joint owner with rights of survivorship aren\u2019t subject to probate, so it\u2019s unnecessary to value such accounts for probate.<\/p>\n

Firearms<\/h4>\n

Most firearms can be valued based on comparable firearms for sale in Classifieds ads and auctions. Rare or limited-edition firearms will likely require a professional appraisal from a gun broker.<\/p>\n

Household Furnishings<\/h4>\n

Most people value all of the household furnishings as a group unless one or more items are especially valuable (e.g. a grand piano). Keep in mind that the fair market value is based on what a buyer would pay for the items today, not what the original owner paid or the cost to replace the items.<\/p>\n

Intangible Assets<\/h4>\n

Copyrights, trademarks, and patents will need to be professionally appraised to determine the fair market value. Websites, blogs, and web domain names can be valued based on ad revenue, Alexa rank, and Google rank.<\/p>\n

Jewelry<\/h4>\n

Valuable jewelry with precious metals and rare stones can easily be appraised at a local jewelry store. For decorative jewelry, it\u2019s fine to approximate a value for a group of items. Note that pawn shops and gold brokers will appraise jewelry, but they often offer a lower price than what you may get from a jewelry store.<\/p>\n

Life Insurance Policies<\/h4>\n

Life insurance policies only need to be valued for probate if the policy lists the decedent or the estate as the designated beneficiary (which rarely happens). If that\u2019s the case, then the fair market value is equal to the death benefit. Term life insurance policies usually have a fixed death benefit, while permanent life insurance policies (whole life, universal life, etc.) may have a variable death benefit based on the policy\u2019s cash value.<\/p>\n

Pension Plans<\/h4>\n

If the pension plan offers a death benefit, the financial institution should be able to furnish the value for you. If there\u2019s no death benefit, then the value is $0.<\/p>\n

Personal Items<\/h4>\n

This is a general category on the probate inventory form that can include anything that doesn\u2019t fit neatly into another asset category. Sentimental items that don\u2019t have intrinsic value can be valued at $0. In most cases, personal items are issued an approximate value as a group.<\/p>\n

Vehicles<\/h4>\n

To determine the value of a car, boat, trailer, RV, or ATV, start by using an online service like Kelley Blue Book or Edmunds. If you\u2019re unable to get an estimate from an online service, you can search the Classifieds section of a newspaper or Craigslist for comparable vehicles, or you can check auction records. You can also take the vehicle directly to a dealer for a quote, but don\u2019t forget that dealers typically offer to pay less than what you could get from selling to a private buyer.<\/p>\n

Non-Probate Assets<\/h4>\n

As you\u2019re working to determine the fair market value of an estate\u2019s assets for probate, keep in mind that not all assets are subject to probate. In fact, most (if not all) assets can be positioned in advance to bypass probate with proper estate planning. If the estate includes any non-probate assets, you don\u2019t need to worry about valuing the asset\u2014all you need to do is initiate the transfer of the asset to the designated beneficiary by submitting a copy of the decedent\u2019s death certificate to the financial custodian, along with any required paperwork that the custodian requires.<\/p>\n

The following assets are considered \u201cnon-probate\u201d assets:<\/p>\n