The probate process can be daunting, especially when a loved one passes away without leaving a will. In California, estates without a will—called “intestate estates”—are subject to state laws that determine how assets are distributed. For heirs navigating this process, waiting for the probate court to finalize the estate can create financial strain. A probate or inheritance advance offers a viable solution, but is it an option when there’s no will?
How Does Probate Work Without a Will?
When someone dies without a will in California, their estate is distributed according to the state’s intestate succession laws. These laws prioritize close family members such as spouses, children, parents, and siblings. The probate court oversees the process to identify heirs, pay off debts and taxes, and distribute the remaining assets.
Without a will, the probate process can be more complicated and time-consuming, particularly if disputes arise or heirs are difficult to locate.
What Is a Probate Advance?
A probate advance, also known as an inheritance funding, is a financial arrangement where an heir receives a portion of their expected inheritance before the probate process is complete. Unlike a loan, a probate advance does not require repayment by the borrower. Instead, the probate funding company recoups their funds directly from the heir’s share of the estate when it is eventually distributed.
This type of financial product is particularly appealing because it doesn’t rely on your credit history or income. Instead, approval is based on your anticipated inheritance and the estate’s overall value.
Can You Get a Probate Advance in California Without a Will?
Yes, it is possible to get a probate or inheritance funding in California even if the deceased did not leave a will. Inheritance funding providers assess the potential inheritance of each heir based on the following:
1. Heirship Determination
The court must establish who the heirs are and what share of the estate each heir is entitled to receive. Probate funding providers rely on the court’s documentation to confirm your legal claim to the inheritance.
2. Estate Valuation
The funding company evaluates the value of the estate to determine whether sufficient assets exist to cover the funding. This typically includes real estate, bank accounts, investments, and personal property subject to probate.
3. Funding Offer
Once the provider confirms your status as an heir and the estate’s solvency, they will offer a funding based on your expected share. The amount offered is usually less than the full value of your inheritance to account for risk and fees.
Advantages of a Probate Advance for Intestate Heirs
Receiving a probate advance can offer several benefits to heirs dealing with financial challenges:
Fast Access to Funds
Probate can take months or even years, but a funding allows you to access money almost immediately to cover living expenses, legal fees, or emergencies.
No Credit Check or Income Requirements
Approval is based on the estate, not your financial history.
No Repayment Risk
If the estate cannot distribute your inheritance for any reason, you are not required to repay the funding. The provider assumes this risk.
How to Get a Probate Advance in California Without a Will
To secure a probate advance, follow these steps:
1. Confirm Your Heirship
Work with the probate court to establish your legal right to inherit. This may involve submitting documentation to prove your relationship to the deceased.
2. Find a Reputable Probate Advance Company
Research companies that specialize in probate advances and ensure they are transparent about fees and terms.
3. Evaluate the Offer
Review the offer carefully to understand how much you’ll receive upfront and how much the provider will take from your inheritance.
4. Consult a Probate Attorney
Before proceeding, consult with a probate attorney to ensure you’re making the best financial decision and protecting your rights as an heir.
If you’re an heir to an intestate estate in California and facing financial challenges, an inheritance funding can provide immediate relief. While the absence of a will might complicate the process, it doesn’t prevent you from seeking a probate advance. As with any financial decision, it’s important to weigh the costs, benefits, and long-term implications before moving forward.
Navigating probate without a will can be stressful but understanding your options can help you make informed choices.
How Probate Advance Can Help
At Probate Advance, we provide heirs with a hassle-free way to access their inheritance early. We understand that waiting for probate can be stressful, which is why we offer a fast, transparent, and reliable solution. Our goal is to help you get the funds you need, when you need them most—without the burden of debt.
Need more information or ready to get started with funding in advance of your inheritance? Apply to Probate Advance today, and our team of experts will guide you through the process to unlock the funds you’re entitled to.
Applying for a probate advance in California can be helpful for beneficiaries who need immediate funds, but it’s essential to approach the process carefully. If you’re considering a probate or inheritance funding, speak with a probate attorney and financial advisor to ensure that your choice supports both your immediate needs and future financial well-being.