Calculate your Cash Advance with our Inheritance Calculator

How Do Probate Loans Work? (A Comprehensive Guide To Get Quick Funding)


If you are the heir or beneficiary to an estate and have found yourself stuck in the probate process waiting to receive your final distribution, you may have started to look into loan options to receive your money faster. A probate loan is a loan from a bank that is secured by an asset or credit score just like a traditional loan.

When you need cash from probate, it can be a difficult because the probate process takes considerable time and you do not technically own the assets so getting cash from a bank is also difficult. There are different financial instruments that can help you to get money now.

  • Probate loan
  • Inheritance loan
  • Estate loan
  • Probate advance
  • Inheritance advance
  • Heir Advance
  • Executor Advance

Jump To Section

What Is A Probate Loan?

A probate loan is an amount of money that a lender provides you while your estate is going through probate. There are usually credit requirements and the money that is lent must be backed by an asset that is already under your name or not included in the probate. Probate loans require you to pay interest on the loan and make monthly payments until the estate is settled. Probate loans and probate lending can be hard to obtain. The requirements for securing a probate loan are similar to that of a mortgage lender. Most of the time when people refer to probate loans, they are actually talking about a probate cash advance. When you receive a traditional loan from a bank or from a credit institution, they are securitized and underwritten.

These sort of loans are comparible to a home equity loan or receiving a loan from a hard money lender. It’s important to understand what a probate loan entails because you will need to have a bank look at your credit and the underlying real estate asset and make a loan against the asset. If you can qualify for a mortgage or home equity line of credit, the process of an probate loan would be very similar if not identical since that is what you are doing.

What Is The Difference Between A Probate Loan And A Probate Advance?

A probate loan is different from a probate advance because with an advance you do not need to provide personal employment history, credit history, or earnings statements. A probate advance is actually the sale of a portion of your probate proceeds to receive it immediately as opposed to a loan where you have to pay interest. A probate advance, is a form of probate funding much like an inheritance advance, and an inheritance buyout or estate advance. Advances have many benefits that a loan can not offer. An inheritance advance is a different source of funding where you do not have to meet high lending standards, you are selling your inheritance for immediate cash.

A probate loan is similar to a mortgage loan on inherited property, in terms of structure and requirements to obtain the loan. 

Should you get a probate loan or a probate advance?

The decision to get a probate loan or advance is a personal decision. You should weigh the pros and cons of each to make a well-educated decision. There are two main differences trade offs with getting a probate advance vs probate loan. The largest benefit to obtaining an advance vs loan is that advances can happen within the same day where as loans take longer and have a much larger set of requirements. Here is a break down of pros and cons: 

  • A probate advance is not a loan and thus it is not collateralized based on the equity like a mortgage
  • No need to show personal income statements 
  • A credit score is not a factor
  • You can pay creditors, attorney fees, and settle the estate, rather than, coming out of pocket.
  • You can keep the tax benefits.
  • You can buy out other heirs if that is what you choose to do.
  • No interest needs to be paid on the money you receive, you are exchanging immediate funds for your estate share
  • You do not need to make monthly payments to pay back the money, it happens in a lump sum once the inheritance is complete
  • There are no hidden fees or charges to be paid up-front
  • The entire process is transparent
  • The finance company handles all paperwork regarding the advance and repayment. It’s a stress-free process
  • The money is paid back from the inheritance when it is disbursed after the probate is concluded. We wait for probate, so you don’t have to.

Don't Wait for Probate

How Much Can You Receive From A Probate Loan?

With a loan, you can only receive the amount of money that the bank is willing to lend you based on your credit. Usually, this is determined by a multitude of factors based on your assets and creditworthiness. Receiving a probate loan is similar to receiving a home equity line of credit. If you opt for an inheritance advance, you can use our inheritance advance calculator to quantify the amount of money that you may be eligible to receive.

How Long Does A Probate Loan Take To Get?

A probate loan usually takes several weeks to a few months to get. A mortgage usually takes at least 30 days to secure and a lot of paperwork. A probate loan is the same thing. Probate can take a long time and if you need money immediately, a probate advance is a faster option.

Are There Other Alternative Funding Options to Receive Money From Probate?

There are 3 ways that you can receive money from an estate in probate right away.

  • Your probate attorney can petition the court and request the judge to make an early distribution. This requires an accounting of the estate and any distributions that have taken place. Even then, the judge can deny the petition.
  • Get a loan from a bank and go through the entire credit check, income check, background check, and loan approval process.
  • Receiving probate hard money loans is a much easier process than going to a probate lender and can happen almost immediately and the amount you will receive is based on the size of the estate and property value you are inheriting. This is the process of signing over a portion of your estate to a funding company like Inheritance Advanced which can issue you funds within 24 hours.

With an advance on inheritance, you can qualify even if your credit is bad. This means that those who are struggling with cash flow and can still receive money – without having a good employment history!

Probate Loans Picture

Probate Loan Questions

For more information on probate, estate lending and other information, we have related articles and questions and answers for you below.

The formal probate process usually takes 9-24 months due to the many steps involved. The first step would involve appointing a personal representative (i.e., executor) and waiting out 90-day creditor’s period that must run before payment of claims can begin, or as they say “start-to-finish”. Next there is the matter of banks holding money in an account when needs are not met after death; however this will happen only if assets need probating which most times means granting them through court order called Probate which we describe above. Once the bank receives all necessary probate documents, they usually release funds within 10-15 working days assuming you have duly executed papers confirming their request has been fulfilled.

The length of time can vary but is often increased when real property or a business or LLC are involved, especially if a sale is necessary because there may be multiple owners and inherited properties. Each state has its own laws for probate which make it difficult to understand the process without an experienced law firm on your side who’s familiar with all the statutes that meet requirements in each different state–especially West Virginia versus New Jersey.

The lengths of time will differ depending on whether you’re dealing with real estate, businesses or limited liability companies (LLCs); as well as inheritances due to many partners owning land from previous generations. There are also individual states’ policies about how they handle things like this so hiring an attorney would probably benefit those unfamiliar with the probate process or probate tax laws.

Probate takes varying levels of time based on the complexity and size of the estate.  Thus, the probate matter is largely based on the size of the probate matter. Because of the 90 day creditor time period and other steps in the process, even the fastest probates take 6 months. With court delays and extra complexities many probates last several years.

Many people in the probate process wonder if they can borrow money against the estate or if they should get a probate loan. A probate loan is a traditional bank loan. If you have good credit and could otherwise obtain a loan from a bank, then you can most likely get a probate loan. However, probate loans require credit checks and the same requirements as a traditional mortgage with an asset to back it up. Probate Advances on the other hand are fast and easy. Find out more about Probate Advances in our video below.

The time after losing a loved one is trying enough. Money should not be something you need to stress over. The benefits of working with Inheritance Advanced include:

  • Fast and easy process
  • Zero hidden fees
  • No monthly payments
  • Risk-free guarantee
  • No strings attached

We are here for you. Whether it’s for funeral expenses, life’s necessities, or anything else, if you need access to your inheritance fast, Inheritance Advanced provides probate advances to customers in all 50 U.S. states and Canada. Contact us today to learn whether you’re eligible.

There really aren’t many downsides to a probate advance. You will receive less money than you would if you waited to go all the way through the court process. But if you receive an advance, you don’t have to wait and many times people are not able to wait due to expenses. A probate advance is a straight forward transaction that provides immediate liquidity to heirs who need their inheritance now.

It really depends on how large the estate is and how much money you need immediately. Advances on inheritance can range anywhere from $5,000 to $500,000, or more.

There are no requirements. The money is yours to do with as you wish, just like it would have been if you waited out the entire probate process to receive it. 

Yes, in fact we have a full program specifically for executors. Learn more about our executor program.

There are many different names for these sorts of loans which are used as synonyms interchangeably:

  • Estate loans
  • Trust loans
  • Inheritance loans
It is not possible to obtain a mortgage on a property in probate ends because the title to the real estate is not transferred from the decedent until probate distribution occures. The property and deed are not technically transferred to the beneficiary until the probate is closed. In most cases banks do not provide loans on an asset that is not in your name.
An estate loan or probate loan  is a conventional loan that depends on credit history, employment history and other factors to get the money before the estate closes and you receive final distributions. You will also have to check the interest rate from the bank.
Interest can be anywhere from 7% to 15% interest annually. By the time probate is finished, it can end up being almost 50% of the amount of money you receive. Probate loan rates can vary but probate advances are for a set amount of money that is decided ahead of time before the advance is issued.
You can receive a personal loan or get a loan from a hard money lender but it is very difficult to borrow against your inheritance since you don’t technically own anything (have title under your name) to borrow against until probate has concluded. You can sell your inheritance stake which is what an inheritance advance is.

Final Thoughts On Probate Loans

At Inheritance Advanced, we care. An estate loan can be a long arduous process, we are compassionate and truly do our best to help you through a difficult situation. If you are inheriting real estate or assets, a home equity line usually isn’t an option until you have gone through probate court. We have helped over 1,560 happy customers that were unable to access estate loans. In fact, we have provided over advanced over 10 million dollars of inheritance funding which is as easy as signing over a portion of your inheritance. We work with earnest people who understandably need their probate estate funds without having to wait.

Share Our Blog With Someone It Might Help!


Legal Disclaimer: Please note that Inheritance Advanced is not a lender. Inheritance advance does not provide probate loans, inheritance loans, or estate loans, rather, an advance on a portion of proceeds signed over to Inheritance Advanced. Inheritance Advanced is also not a probate attorney and any information in this article should not be misconstrued as legal advice. We recommend that you seek the advice of an attorney, CPA, and tax attorney regarding any decisions pertaining to your probate.

Recent Posts

Get Your Inheritance Money Now!

Our Inheritance Cash Advances help heirs receive a portion of their inheritance payout in just a few days. We then wait and are paid directly out of your share when the estate finally closes. We wait for probate so that you don’t have to. Click below and fill out our short form to receive an advance immediately.

Probate Costs

Get Your Inheritance Money Now!

Our Inheritance Cash Advances help heirs receive a portion of their inheritance payout in just a few days. We then wait and are paid directly out of your share when the estate finally closes. We wait for probate so that you don’t have to. Click below and fill out our short form to receive an advance immediately.

Probate Costs

Fill Out The Form & Get An Immediate Quote!

Choose Your Total Estate Value


TIP: deduct loans, administrative fees, legal fees and all other expenses


Select from 1% to 100%


Estimated Advance Amount