Probate Advance FAQ

We’ve answered the questions California heirs ask most. Browse by topic to find answers to your questions.

Why ProbateLend Over Other Companies

Are probate advance companies all basically the same?

Funding timelines range from 24 hours to several weeks depending on the company’s process and how they verify estate information. Some providers require extensive documentation upfront. ProbateLend takes a more practical approach – we verify through court records and attorney confirmation, which speeds up the process. A source like InheritanceLender.com lists probate advance providers by state for easy comparison.

Check how long they’ve been operating, read reviews beyond their own website, and ask direct questions about their funding source – do they fund directly or broker to third parties? Legitimate probate advance companies will provide the full repayment amount clearly stated, won’t pressure you to sign immediately, and won’t ask for upfront fees before funding.

Some companies only offer advances on estates with cash assets. ProbateLend will advance on probate cases involving real estate, multiple beneficiaries, or family disputes. Some have minimum advance amounts of $15,000+, while ProbateLend advances on amounts as low as $1,000. The documents required for an inheritance advance also vary by company. Requirements reflect each company’s risk appetite and operational model.

 
 
 
 
 

Direct funders use their own capital and make their own underwriting decisions – you deal with one company from application to repayment. ProbateLend is a direct funder, so your information stays with us and there’s no middleman markup. Brokers, on the other hand, get their funds from someone else, which can mean your personal and estate information is shared with companies you’ve never heard of. Brokers may also add a fee layer on top of the actual funder’s pricing. Understanding how probate advances work helps you identify which model a company uses.

 
 
 
 
 
 
California probate has specific timelines, procedures, and court systems. A company experienced with California cases, like ProbateLend, will understand IAEA authority, the petition process, typical county delays, and realistic funding timelines. National companies may apply generic assumptions that don’t match California reality – which can affect both approval decisions and how smoothly the process goes.
 
 
 
 

Use Cases for Getting an Advance

What are the most common reasons people get a probate advance?

At ProbateLend, we find that people typically need funds for immediate expenses that can’t wait for probate to close – funeral costs, mortgage payments on inherited property, medical bills from the deceased’s final illness, or their own living expenses during a difficult time. Others use advances to pay probate-related costs like attorney fees or property maintenance. Some beneficiaries simply want access to money that’s rightfully theirs without waiting 12-18 months for the California probate process to conclude.

Many beneficiaries use advances to cover probate attorney fees. This keeps the case moving forward without delaying filings. It’s one of the more practical uses since attorney fees are inevitable and can accumulate quickly during prolonged probate proceedings.

Inherited homes still need mortgage payments, property taxes, insurance, utilities, and upkeep – and those costs don’t pause while probate drags on. Sometimes you also have to cover eviction costs to vacate the premises and ready the property for sale. If you’re the beneficiary responsible for keeping the property in good condition, an advance can cover these carrying costs until the estate closes.

There are no restrictions on how you use the funds. Many beneficiaries use advances to pay down credit cards, catch up on rent, or cover personal obligations that have piled up while waiting for their inheritance. Since probate advances aren’t loans, at ProbateLend, you get to decide how the money will be spent.

That’s a valid reason. Not everyone getting an advance is in financial distress. Some beneficiaries simply prefer access to their money now rather than waiting for courts and attorneys to complete the process. Given that California probate can take 12 months or longer, at ProbateLend, we have many clients who choose to receive funds earlier.

Each beneficiary’s advance is based on their individual share of the inheritance, so multiple heirs can independently decide whether to get an advance. One sibling getting an advance doesn’t affect another sibling’s inheritance or their ability to also get an advance. The transactions are separate, and the estate itself isn’t impacted by individual beneficiaries’ decisions.

Many beneficiaries took time off work or reduced hours to provide care during a parent’s or relative’s final months. An advance can help bridge the financial gap while you wait for your inheritance – covering lost wages, depleted savings, or bills that fell behind during that period. This is exactly the kind of hardship that makes understanding whether an inheritance advance is worth it an important calculation.

What Prolongs Probate and What Providers See as Added Risk

Why do some probate cases take so much longer than others?

The biggest factors affecting probate timelines are estate complexity, court backlogs, and disputes. A straightforward estate with cash assets and cooperating beneficiaries can close in under a year. Add real estate that needs to sell, multiple properties, creditor claims, missing documents, or family disagreements – and you’re looking at 18 months to several years. Each complication requires additional court filings, hearings, or resolutions before distribution can happen. Understanding the California probate timeline helps set realistic expectations.

Real property often needs to be appraised, maintained, and either sold or transferred – each step requiring court approval in many cases. If the property needs repairs before sale, has title issues, or if beneficiaries disagree on whether to sell or keep it, delays compound. Some probate advance providers view real estate-heavy estates as higher risk. ProbateLend doesn’t – we evaluate these cases the same as any other.

When beneficiaries contest the will, challenge the executor’s decisions, or disagree about asset distribution, the court must resolve these disputes before proceeding. Contested probates can add months or years to the process. From a provider’s perspective, disputes create uncertainty about whether – and when – any individual beneficiary will actually receive their share.

Executors play a significant role. An organized, responsive executor who files paperwork on time, communicates with attorneys, and stays on top of deadlines keeps probate moving. An executor who is overwhelmed, uncooperative, lives out of state, or simply ignores their duties can stall the entire process. Advance providers assess executor responsiveness as part of their risk evaluation.

Providers evaluate several factors: Is the estate value clearly established or still uncertain? Is there real estate that hasn’t sold yet? Are there disputes among beneficiaries or challenges to the will? How much debt does the estate carry? Is the executor cooperative and competent? How far along is the case? Each uncertainty increases risk, which typically means either higher pricing or, in some cases, a decline. Understanding how probate advances work helps clarify what providers look for.

A case that just filed is riskier than one approaching final distribution. Early-stage cases have more unknowns – creditor claims haven’t been resolved, assets may not be fully valued, and more time remains for complications to arise. Providers are generally more comfortable – and may offer better terms – when the case is further along and the path to distribution is clearer.

Court backlogs vary significantly by county. Los Angeles and other large counties often have longer wait times for hearings simply due to case volume. Smaller counties may move faster but have fewer hearing dates available. Advance providers, like ProbateLend, who are familiar with California probate will understand these county-specific realities when evaluating timelines and risk.

Probate Advance Misconceptions

Will getting a probate advance affect my credit score?

Probate advances don’t involve credit checks, so applying won’t trigger a hard inquiry on your credit report. And since advances aren’t loans, there’s no debt reported to credit bureaus. Your credit score stays completely unaffected – whether you’re approved, funded, or decline to move forward.

Your decision to get a probate advance has no impact on other beneficiaries. The transaction is between you and the advance company, secured only against your share. Other heirs receive their full inheritance at distribution – your advance doesn’t reduce their portion or create any lien on their shares. They don’t even need to know you took an advance unless you tell them.

Reputable providers don’t contact other beneficiaries or family members as part of the process. ProbateLend keeps your transaction confidential. We fund your advance without involving your relatives. Your financial decisions are your business.

Legitimate probate advance companies don’t charge upfront fees. If a company asks for money before funding your advance, treat that as a red flag. At ProbateLend, there’s no application fee, no processing fee, and no cost to you unless we successfully fund your advance. We get paid when the estate closes – not before.

The executor cannot legally block you from getting an advance on your own inheritance. Your share belongs to you, and you have the right to assign a portion of it. 

No. A probate advance has no effect on court proceedings or the probate timeline. The advance is a private transaction between you and the provider – it doesn’t require court approval, doesn’t create additional filings, and doesn’t slow anything down. Probate proceeds exactly as it would whether you take an advance or not.

Advances When Property Is Involved

Can I get a probate advance if the estate is mostly real estate?

Many estates are property-heavy with limited liquid cash. ProbateLend regularly advances on estates where the primary asset is a house or other real property. We evaluate based on the property’s estimated value and your share of the expected proceeds.

You can get an advance while the estate property is listed for sale, or even before it hits the market. Providers estimate the likely sale proceeds based on appraisals or market comparables. You don’t have to wait for closing to access a portion of your inheritance.

A mortgage reduces the net equity in the property, which affects how much you can advance. Providers calculate your expected inheritance based on the property’s value minus outstanding debts, including the mortgage. As long as there’s sufficient equity and your share is large enough, you can still qualify.

Yes. Your advance is based on your share of the estate property’s value, not the whole property. If three siblings inherit equally, each can independently decide whether to advance against their one-third share. One sibling’s decision doesn’t affect the others.

Disputes over selling versus keeping inherited property are common. These disagreements can delay probate, but they don’t automatically disqualify you from an advance. Providers assess the likelihood of resolution and your share’s eventual value.

With a non-recourse advance, you’re protected. If the property sells below expectations and your inheritance ends up less than the advance amount, you don’t owe the difference. That’s the provider’s risk, not yours. This is why providers carefully evaluate property values before funding.

Properties requiring work are typical in probate. Deferred maintenance, code issues, or damage can delay sale and reduce value. Some beneficiaries use advances to fund repairs that increase the sale price. Providers factor property condition into their valuation, but don’t require the property to be in perfect shape.

Eligibility and Qualification Questions

What are the basic requirements to qualify for a probate advance?

You need to be a named beneficiary in a probate case, with an expected inheritance large enough to support the advance amount you’re requesting. The estate must be in active probate with a case number filed with the court. Beyond that, there are no credit, income, or employment requirements.

Most providers set minimum thresholds. Some won’t consider estates under $15,000 or $20,000. ProbateLend works with smaller inheritances – we advance amounts as low as $1,000.

You don’t need to live in California to get an advance on a California probate case. What matters is that the estate is going through California probate courts. ProbateLend works with out-of-state beneficiaries regularly.

It depends on the nature of the dispute. If your status as a beneficiary is being challenged directly, most providers will wait for resolution. If the dispute involves other aspects of the estate but your share is clearly established, you may still qualify. Each situation is evaluated individually.

Your inheritance is yours, and you have the right to assign a portion of it without the executor’s approval. Some providers prefer executor cooperation for verification, but it’s not legally required. ProbateLend can verify your inheritance through court records and your probate attorney if the executor is unresponsive.

Requirements vary by provider, but typically you’ll need the probate case number, a copy of the will or trust, the death certificate, and the inventory and appraisal if available. ProbateLend can often pull court documents directly, so don’t let missing paperwork stop you from applying.