If you expect to receive an inheritance from an estate that is in probate, you may be able to get a portion of your inheritance faster as a probate loan. In exchange for an immediate payment to you, the probate lender receives your inheritance when probate ends. In this way, a probate loan is not really a loan—it’s really an advance on your inheritance. Probate loans also go by other names, including inheritance advance, inheritance funding, inheritance lending, and probate advance.
The probate lender evaluates the estate and how much you stand to inherit. If the lender believes it is likely to make money on an agreement with you, it may offer you an immediate payment of less than your full inheritance for the right to receive the full amount when probate ends. (In legalese, this is an assignment of your claim to your inheritance.) So, you will get less than you originally expected, but you will receive that money sooner, regardless of how long or how uncertain a probate may be.
Example: Your aunt leaves you $15,000 in her will. While her estate is in probate, a lender evaluates your aunt’s estate and your potential inheritance and offers you a probate loan of $12,000. You get that money right away, and at the end of probate the lender receives whatever you would have received.
If you are considering a probate loan, don’t make the decision lightly. Take some time to evaluate whether it is a good option for you.
Although you may like the idea of getting your inheritance early, there are many reasons to be skeptical and cautious about probate loans.
Probate loans may cost a lot, especially in relation to what you gain. For example, if you get a probate loan and the probate turns out to be relatively quick, you may lose a significant portion of your inheritance for the small advantage of getting the money just a few weeks or months earlier. Depending on the length of the probate, the effective interest rate can range from a reasonably low rate to over 50%. The calculation all depends on the length of time between when you got your payment and when the lender receives payment from the estate. This may be hard to predict, but consulting an estate attorney may help.
You can see how this might work in the example from above. You received a $12,000 probate loan on a $15,000 inheritance -- so you chose to forego $3,000 for the benefit of getting the money early. If the probate turns out to be long (2 years, 730 days), then the effective interest rate is a reasonable 12.5%. However, if the probate is of average length (6 months, 180 days), the effective interest rate works out to be over 50% -- a terrible rate for any loan.
Probate loans introduce a stranger into the estate’s probate case, and this may disrupt what might otherwise be a relatively conflict-free process among family and friends. In fact, data from legal researchers indicates that probate lending is more likely to create conflict in an estate than any other common source of conflict, including intestacy, holographic (handwritten) wills, or disinheriting family members (David Horton & Andrea Cann Chandrasekher, Probate Lending, 126 Yale L.J. 102, 157-60 (2016).)
The probate lending industry is relatively new and largely unregulated. As a result, lenders can and do prey upon consumers. This is especially disconcerting because lenders tend to be sophisticated, well-funded businesses that understand probate, while consumers tend to be people of average means with very little understanding of probate or other estate related issues. This puts probate lenders at a great advantage and makes it easy for them to take advantage of consumers.
To protect yourself and to make sure you’re making a good decision about probate loans, follow the bullet points above, and take the time to understand what you could gain and what you could lose in probate lending.
To date, California is the only state to pass laws that regulate probate loans (Cal. Prob. Code § 11604.5). If you have questions or concerns about the laws related to probate loans in your state, do not hesitate to get help from an attorney.
Despite the downsides, probate loans may still be a reasonable choice for some people. For example:
Remember that other options exist. You could ask a family member for a loan or try to get a personal loan. Some lenders will also provide loans using inheritance as collateral, similar to a mortgage. Lenders who make these inheritance loans will require monthly payments on the loan. On the other hand, the probate lenders discussed in this article take your place in probate, assuming some risk of not being repaid.
If you think that a probate loan might be right for you, lenders are easy to find. Perform an internet search for “probate lending” or "probate loan" in your state. As discussed above, contact several lenders, compare their offers, and seriously consider getting advice from an attorney who is familiar with probate lending.
Also, probate lenders may contact you. Probate cases, like other court filings, are public records so lending companies can track the inventories, values, and beneficiaries of estates in probate. In some states, especially California, probate lenders will keep an eye on active probate court records and may contact eligible beneficiaries to see if they are interested in probate lending.
Get help from an attorney if you have any concerns about going forward with probate lending.