Quick Answer: If you need cash while a California probate case is still open, you generally have three options: a court-approved family allowance (limited to a surviving spouse, minor children, or dependents), a petition for preliminary distribution (available to any heir, but requires showing the estate can spare the funds without risking creditors), or a probate advance from a private company (available to any heir, doesn’t require court approval, but comes at a cost since it’s not a loan against your own credit). Which one fits depends on your relationship to the decedent, how the estate is progressing, and how quickly you need the money.
Why You Can’t Just Access the Money
During probate, estate assets legally belong to the estate, not to the heirs, until the court approves a distribution. The personal representative controls the assets and is required to preserve them for creditors and beneficiaries until the case is ready to close, which commonly takes 9 to 18 months in California. That structural delay, not a lack of entitlement, is usually what leaves heirs cash-strapped while a case is pending.
Option 1: Family Allowance
A family allowance is a court-ordered payment intended to support a surviving spouse, minor children, or, in some cases, adult children who were financially dependent on the decedent, while the estate is being administered (Probate Code Sections 6540-6545). It can be requested before the estate’s Inventory and Appraisal is even filed, and in some cases granted without a full notice hearing. The tradeoff is scope: it’s only available to these specific dependent relatives, not to heirs generally, and it automatically ends no later than final distribution.
Option 2: Petition for Preliminary Distribution
Any heir or beneficiary can ask the court to order a partial distribution before the estate formally closes, under Probate Code Section 11621. The court has to be satisfied that the distribution can be made “without loss to creditors or injury to the estate or any interested person,” which usually means the estate needs to be far enough along, and have enough of a cushion, that an early partial payout won’t create problems later. This option keeps the money in the family without any third-party cost, but it depends entirely on the estate’s specific financial position and requires the representative’s cooperation and a court hearing.
Option 3: A Probate Advance
A probate advance is a private transaction where a company provides cash to an heir now, in exchange for a portion of that heir’s expected inheritance once the estate closes. Unlike the first two options, it doesn’t require court approval and isn’t limited to a spouse or dependent, any qualifying heir can use it. It’s a non-recourse arrangement: if the estate ultimately turns out to be worth less than expected, the heir isn’t personally on the hook for the difference, the advance company absorbs that risk. ProbateLend, for example, offers advances with no credit check and no monthly payments, with repayment coming out of the estate at final distribution.
Comparing the Three Options
| Option | Who Can Use It | Requires Court Approval? | Typical Speed |
|---|---|---|---|
| Family Allowance | Surviving spouse, minor children, dependent adult children | Yes (can sometimes skip a full hearing before the inventory is filed) | Weeks, depending on court calendar |
| Preliminary Distribution | Any heir or beneficiary | Yes, full petition and hearing | Weeks to a few months |
| Probate Advance | Any qualifying heir | No | Commonly 24 to 48 hours after signing |
Which Option Actually Fits Your Situation
If you’re a surviving spouse or minor child and the estate can’t cover basic living expenses, a family allowance is worth raising with the estate’s attorney first, since it doesn’t cost anything beyond the court filing. If the estate is well along and has a clear cushion, a preliminary distribution can get you your share (or part of it) without paying anyone a fee. If neither applies, the estate is early in the process, contested, or the representative isn’t cooperative, a probate advance is often the only realistic way to get cash before the case closes.
Need Cash While Your Case Is Still Open?
ProbateLend offers a probate advance that gives qualifying heirs a portion of their expected inheritance now, without waiting for the estate to formally close. There’s no credit check and no monthly payments; repayment comes out of the estate at final distribution.
Frequently Asked Questions
Can I get a family allowance and a probate advance at the same time?
Generally yes, they’re not mutually exclusive, though a probate advance company will typically ask about any family allowance you’re already receiving when assessing your expected share.
Does a preliminary distribution require the personal representative’s agreement?
It helps but isn’t strictly required; any heir can file the petition, though a representative’s objection can complicate or slow down the hearing.
Is a probate advance the same as a loan?
No. A traditional loan requires credit approval and personal repayment regardless of the outcome. A probate advance is repaid only from the estate at distribution, and the provider absorbs the loss if the estate falls short.
What if the estate is contested or in litigation?
Contested estates often make family allowances and preliminary distributions harder to get approved, since the court is more cautious about releasing funds mid-dispute. A probate advance doesn’t depend on court approval, so it can still be an option in these situations.
How much of my inheritance can I access through an advance?
It varies by provider and case specifics, but advances are typically a portion, not the full amount, of the heir’s expected share, since the company needs a cushion against the estate’s final value coming in lower than projected.
For more on how the advance process works step by step, see our guide to how probate advances work. If you’re wondering whether you qualify, read our guide on who can get a probate advance. For more on California probate, visit ProbateLend.