Guardianship Appraisals

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Guardianship Real Estate Appraisals

A guardianship real estate appraisal is an independent, court-compliant valuation of real property owned by, or involving, a minor or legally incapacitated individual. These appraisals are commonly required by probate or guardianship courts to ensure that any sale, purchase, refinance, or transfer of property is fair, necessary, and in the best interest of the protected person.

The appraisal provides the court with an objective opinion of market value and is prepared in accordance with USPAP standards and applicable state and local court requirements. Guardianship appraisals are often used in connection with petitions for authority to sell property, confirmation of sale hearings, estate planning, or financial reporting to the court.  Because of the heightened legal scrutiny involved, guardianship appraisals emphasize accuracy, documentation, and defensible analysis to support judicial review and approval. 

What is it used for?

When a court appoints a guardian or conservator to manage the affairs of a minor or an incapacitated adult, the court often requires an appraisal if real estate is involved. Common reasons include:

• Selling the property
• Refinancing or mortgaging the property
• Partitioning or transferring ownership
• Accounting to the court for the value of the ward’s assets

The appraisal helps the court ensure the property is handled fairly and in the best interest of the ward.

How does it differ from a regular appraisal?

A guardianship appraisal is similar in methodology to a standard appraisal, but it has additional legal and procedural requirements, such as:

• It is prepared for court use, not just for a lender or private party
• The appraiser may need to be court-approved or court-appointed, depending on jurisdiction
• The report must comply with USPAP and often reference the specific court case or order
• It may require a retrospective value (value as of a past date)
• The appraiser may be subject to court testimony or affidavit requirements

Typical contents

• Description of the property and ownership interest
• Highest and best use analysis
• Comparable sales and valuation methodology
• Statement that the appraisal is prepared for guardianship/conservatorship purposes
• Certification consistent with court rules and USPAP

Who orders it?

• The guardian or conservator
• The attorney for the ward
• The court itself

For more information or to order a guardianship real estate appraisal please fill out the form below or give us a call today at (856) 745-3550.