Updated for California probate rules and court timelines as of 2025.
A California probate advance lets an heir access a portion of their inheritance before the long probate process concludes—typically within 24–48 hours. It is not a loan, so there are no credit checks, interest charges, or monthly payments. Instead, the advance is repaid directly from your inheritance share once the court approves the final distribution of the estate. This guide explains how probate advances work in California, how much you may receive, what they cost, how long they take, and who is eligible.
What Is a Probate Advance in California?
A probate advance is a financial transaction where you receive an immediate cash payment in exchange for a portion of your future inheritance. It is a simple, non-recourse assignment of your inheritance rights. It is not a loan. Because it isn’t based on your personal credit, there are no credit checks, no interest accrues, and you are not required to make monthly payments.
Heirs often request advances because the California probate court system is notoriously slow, with cases frequently lasting well over a year. If you want more information about the probate timeline and why it is often delayed, visit the blog post on How Long Does Probate Take in California?. During this time, life goes on. Bills, emergency expenses, legal fees, and other costs can pile up. A probate advance provides the necessary funds to manage these expenses while waiting for the estate to be settled. California’s court backlogs can turn a standard probate case into a lengthy ordeal, making an advance a practical solution for many beneficiaries.
How Does a Probate Advance Work? (Step-by-Step)
The process is designed to be straightforward and fast. Here is how you can get a portion of your inheritance now:
- Submit a Request: You start by filling out a simple form to request an advance from a company like ProbateLend.
- Case Review: The funding company reviews your probate file and verifies your status as an heir and the estimated value of your inheritance.
- Receive an Offer: Based on your expected share of the estate, you will receive a clear, written offer detailing the advance amount and the fixed repayment amount.
- Sign Electronically: If you accept the offer, you can sign the agreement documents electronically from any device.
- Get Your Funds: The cash is sent directly to your bank account, often on the same day or within 24–48 hours.
- Repayment: You do nothing. The advance is repaid directly from your inheritance when the estate is distributed.
If you want to learn more about the documents and typical steps required, read the Checklist: How to Get a Probate Advance in California. It’s important to note that timelines can vary slightly depending on the county court’s accessibility to documents. Processes in Los Angeles, Orange, Riverside, and San Diego counties may differ, but a specialized provider can navigate these local systems efficiently.
How Fast Can You Receive a Probate Advance?
For most straightforward cases, funding is incredibly fast. Many heirs receive their money within 24–48 hours of applying. In some instances, same-day funding is possible.
Factors that can cause delays include:
- Missing or incorrect probate case number
- Incomplete documentation from the applicant
- Disputes among heirs regarding the estate
- Difficulty accessing court records
For more details on what could impact your timeline and how to move quickly, visit Top Reasons for Probate Funding Delays (and How to Avoid Them).
How Much Can You Receive?
Typically, you can receive an advance for 15% to 35% of your total expected inheritance. The exact amount you can access depends on several factors:
- Total Estate Value: The higher the value of the estate, the larger the potential advance.
- Number of Heirs: Your share is divided among all beneficiaries, which affects the amount available to you.
- Stage of Probate: You may receive a larger advance if the probate is further along (e.g., after the inventory and appraisal are complete).
- Real Estate Involvement: The presence of real property in the estate can influence the advance amount.
If you’re unsure how these factors affect your case, see How Much of an Inheritance Advance Can You Get?.
What Does a Probate Advance Cost?
Probate advances offer a simple cost structure. There are no interest rates or monthly payments. Instead, the cost is a single, fixed fee, included in your total repayment. You know your exact repayment amount from the start.
The cost is generally higher earlier in the probate process. This is because the funding company takes on more risk and a longer waiting period.
You will receive a payoff chart for review. The total advance payoff increases over time. For example, repaying the advance within 3 months costs less than repaying it in 6-12 months or longer. This structure provides complete transparency. You never pay out of pocket, as the advance is repaid from the estate’s final distribution.
Probate Advance Examples (California Counties)
To make this more concrete, here are a few real-world examples:
- Los Angeles County: An heir needed funds to cover urgent medical bills. She received a $25,000 advance just 24 hours after the Letters of Administration were issued for her father’s estate.
- Orange County: A beneficiary was struggling to pay his mortgage while waiting for his inheritance. He was approved for an $8,500 advance early in the probate process, while the Inventory & Appraisal was still pending.
- San Diego County: Two siblings inherited a home that needed repairs before it could be sold. They received a $15,000 advance to cover the costs during a property sale that required court confirmation, allowing them to maximize the home’s value.
For more stories and case studies about probate advances in California, visit Recent Probate Advance Success Stories.
Are Probate Advances Safe?
Yes, probate advances from reputable companies are a safe and transparent financial tool. Key safety features include:
- Transparent Agreements: All terms and costs are clearly stated in the agreement before you sign. There are no hidden fees.
- No Personal Liability: The advance is secured only by your inheritance. If for some reason the estate fails to pay out, you owe nothing. Your personal assets, credit, and income are never at risk.
- Paid Only if You Are Paid: Repayment only occurs if and when the estate distributes your share.
- Court Supervision: The California probate court supervises the entire distribution process, which adds a layer of transparency and ensures everything is handled correctly.
For more on safety, see Are Probate Advances Safe? What You Should Know.
Pros and Cons of a Probate Advance
Like any financial decision, it’s wise to weigh the benefits and drawbacks.
Pros
- Fast Access to Cash: Get your money in as little as 24 hours instead of waiting months or years.
- No Credit or Employment Checks: Approval is based on your inheritance, not your financial history.
- No Monthly Payments: The advance is repaid in a single sum from the estate.
- Cover Immediate Needs: Use the funds for funeral costs, debts, bills, housing, or legal fees.
Cons
- Reduced Final Inheritance: You will receive less money at final distribution because of the fee.
- Higher Cost Than Loans: The convenience and risk taken on by the funding company mean the service costs more than a traditional loan.
- Not for Everyone: If you don’t have an immediate need for funds, it’s more cost-effective to wait for probate to close.
How California Probate Delays Affect Advances
California’s probate system is impacted by significant backlogs, causing even simple cases to drag on for 12 to 24 months, or even longer. Statutory notice periods, waiting for creditor claims (120 days), inventory and appraisal timelines, and scheduling court hearings for property sales all contribute to these delays.
These long waits are precisely why many heirs are forced to seek a probate advance in California. When your inheritance is tied up in court for years, an advance can be a lifeline that helps you stay financially stable.
Who Qualifies for a Probate Advance?
Eligibility for a probate advance is straightforward. You generally qualify if you meet these criteria:
- You are a confirmed heir or beneficiary in an open probate case.
- The estate has sufficient assets (cash, real estate, stocks, etc.) to cover your inheritance.
- There are no major disputes or contests regarding your right to inherit.
- You are a resident of the United States.
Documents You Need to Get Started
To speed up the process, it helps to have the following documents ready:
- Probate case number
- A copy of the Petition for Probate
- A copy of the Letters of Administration (if issued)
- A copy of the estate’s inventory (if available)
- Your government-issued photo ID
- Contact information for the estate’s attorney or executor/administrator
How ProbateLend Evaluates California Probate Cases
ProbateLend is a funding company specializing in California probate, as listed in the InheritanceLender.com directory of probate advance providers. With extensive knowledge of local court processes across all counties, we streamline procedures and timelines to deliver faster, more reliable service.
We review documents quickly and often issue offers on the same day a request is submitted. Whether you need a small or large advance, we ensure you receive the funds you require. Once your application is complete, our automated underwriting system provides immediate feedback. After a thorough review by our team, we promptly communicate your offer.
If you need to compare options in other states, InheritanceLender.com is a helpful directory for finding inheritance lenders by state.
Frequently Asked Questions (FAQ)
Is a probate advance a loan?
No. It is a purchase of a portion of your expected inheritance. There is no credit check, no interest, no monthly payments, and no personal liability.
How long does a probate advance take in California?
Most clients receive their funds within 24–48 hours. Same-day funding is often possible.
Will a probate advance affect other heirs?
No. The advance is based only on your share of the inheritance and does not impact what other beneficiaries receive.
Can I get a probate advance with bad credit?
Yes. Since it is not a loan, your credit score and employment history are not factors in the approval process.
What if there is real estate in the estate?
That is very common. We can provide an advance whether the estate’s assets are cash, real estate, or a combination of both.
Does the executor need to approve the advance?
No. Your right to your inheritance is yours to manage. The executor’s approval is not required for you to receive an advance.
What happens if the probate case takes longer than expected?
The fee is fixed, so it does not increase no matter how long probate takes. You owe nothing more than the agreed-upon repayment amount.
How to Apply for a Probate Advance in California
Getting started with ProbateLend is simple. Follow these steps:
- Complete the short request form on our website.
- Share your probate case information with one of our friendly specialists.
- Review your clear, no-obligation offer.
- E-sign the agreement.
- Receive your funds via wire transfer, often the very same day.
For more application tips, read What You Need to Apply for a Probate Advance.
Conclusion: Is a Probate Advance Right for You?
A probate advance is an effective solution when you need financial stability while the slow California court system runs its course. It offers fast, simple access to your inheritance with no credit checks or monthly payments. While it costs more than waiting, it provides immediate relief for pressing financial needs.
If you are facing a long wait for your inheritance and have expenses that can’t wait, an advance may be the right choice. Contact our team to get a free, no-obligation estimate and see how much you can receive.