Probate Advance is not a lender and does not provide loans. We specialize exclusively in inheritance funding, which is a risk-free financial option for heirs awaiting their inheritance. Inheritance funding is not a loan—there are no monthly payments, no interest charges, and no repayment is required unless you receive your inheritance. If for any reason your inheritance is not received, you owe us nothing.
California families face enough uncertainty during emergencies and loss—legal confusion shouldn’t add to it. In 2025, the state enacted Assembly Bill 495, known as the Family Preparedness Plan Act of 2025, to help families prepare for temporary caregiving disruptions while protecting parental rights and child stability.
For families navigating probate in California, understanding how AB 495 fits into broader estate and inheritance planning is critical—especially when probate delays can create financial strain for heirs.
What Is California Assembly Bill 495?
California AB 495, the Family Preparedness Plan Act of 2025, establishes clearer legal pathways for parents and guardians to designate temporary caregivers for children during periods of unexpected absence or incapacity.
The law is designed to:
- Reduce emergency court involvement
- Protect children’s access to school and medical care
- Preserve parental custody and authority
- Improve family preparedness during crises
AB 495 does not replace estate planning or probate laws—but it complements them by addressing real-world caregiving needs that often arise alongside probate proceedings.
Why the Family Preparedness Plan Act Matters for California Families
Unexpected life events—such as hospitalization, serious illness, military deployment, or other emergencies—can leave families scrambling to ensure children remain safe and supported.
Without proper planning, families may face:
- Delays in school enrollment or records access
- Barriers to medical decision-making
- Unnecessary probate or guardianship filings
AB 495 helps families avoid these outcomes by enabling temporary caregiving authority without permanent legal consequences.
Key Provisions of the Family Preparedness Plan Act of 2025
Temporary Caregiving Without Loss of Parental Rights
AB 495 allows parents to designate a trusted adult to assist with caregiving responsibilities on a temporary basis. This arrangement does not terminate or permanently alter parental rights.
Expanded Caregiver Authorization Affidavit (CAA)
The law strengthens California’s Caregiver Authorization Affidavit, allowing qualified caregivers to:
- Enroll children in school
- Consent to certain medical and dental care
- Communicate with educational and healthcare providers
Privacy and Child Stability Protections
AB 495 limits unnecessary data collection and encourages schools and childcare providers to rely on emergency contacts before escalating to child welfare agencies.
How AB 495 Relates to Probate in California
While AB 495 addresses caregiving, many families impacted by emergencies are also navigating California probate after the loss of a loved one.
Probate in California can sometimes take upwards of 9 to 18 months, and complex estates may take even longer. During that time, heirs may experience:
- Delayed inheritance distributions
- Ongoing living and caregiving expenses
- Legal and court-related costs
This overlap between family preparedness and probate timing is where many families feel the greatest strain.
How Probate Advance May Help Heirs During Probate
While AB 495 provides legal structure for caregiving, it does not address financial delays caused by probate. That’s where Probate Advance may be able to assist.
Probate Advance offers inheritance or probate advances that allow eligible heirs to receive a portion of their expected inheritance before probate is finalized.
Key benefits include:
- Not a loan
- No monthly payments
- No interest charges
- Non-recourse (repayment only occurs if inheritance is distributed)
For families facing caregiving expenses, , or everyday costs while waiting on probate, an inheritance or probate advance (also referred to as an inheritance funding) can provide financial flexibility without taking on debt.
If you’re an heir involved in a California probate case and need access to funds sooner, you can apply now with Probate Advance or speak directly with a member of our team at 866-359-3187. There is no obligation to move forward—just a straightforward review of your situation to help determine whether an inheritance or probate funding may be a practical solution during the probate process.
Frequently Asked Questions About AB 495 and Probate
Is AB 495 the same as permanent guardianship?
No. AB 495 allows temporary caregiving authority without permanently transferring parental rights.
Does AB 495 eliminate probate in California?
No. Probate is still required unless the estate qualifies for a simplified or non-probate transfer.
How long does probate take in California?
Most probate cases take 9–18 months, and complex estates may take longer.
Is a probate or inheritance advance a loan?
No. Probate advances are not loans and involve no interest, monthly payments, or are non-recourse – meaning, if you don’t receive your inheritance you owe nothing.
What if the inheritance is never distributed?
Probate funding are non-recourse. If the inheritance doesn’t materialize, nothing is owed.
Can Probate Advance work with my attorney or executor?
Yes. Probate Advance coordinates directly with estate attorneys, executors, and administrators.
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