How Long Does a Probate Advance Take?
So you are interested in a probate advance and want to learn how long the process takes? In general, the process takes about a week from initial consultation to funding. The main holdup is for us to be able to access critical estate documents, such as the inventory and the will.
Here is the process in more detail:
We can have an initial consultation by phone, email, or zoom, at a time of your choosing. We will first go over the basics of the estate. Is there a will? Has the estate filed an inventory? Is there any litigation taking place? These are the basic questions to determine whether the estate is suitable for us.
For the initial consultation, although not required, it will speed the process if you have a copy of the will and an inventory in a form that you can email or upload to us, such as a pdf. We will also have a discussion to try to learn what is causing the delays in the probate process.
During the initial consultation, we will also determine if a probate advance is right for you. Do you need money now? How much do you need? When do you need it? If we believe we can offer a probate advance, and you believe that you would like to proceed, we go to the next step, estate research.
We will obtain a copy of the will (if not already provided.) If there is no will, we will need a family tree so we can determine who the heirs are. If you don’t have one, we will make one.
We will obtain other estate materials, such as an inventory, any accountings that have been performed, and any creditor claims that have been filed. We will also scour the probate court docket to determine if there are any factors that prevent a probate cash advance.
Finalize the Paperwork
If we determine that we are able to provide a probate cash advance, we will make a offer to you as to the amount of the probate advance we are able to offer. We normally limit probate advances to 40% of the ultimate inheritance that you will receive.
If you agree to proceed, we will prepare the necessary paperwork that you will need to sign, which we ultimately file with the probate court.
We recommend that our customers have an attorney review the paperwork before signing, but this is not required.
If you agree with the terms of our offer and sign the contract, we then proceed to fund the probate cash advance.
We will ask how you wish to receive your funds – paper check, wire, or ACH transfer. Once we have the signed contract in our possession, we can fund in 1-2 business days, depending on when during the day we receive back the signed paperwork.
Not surprisingly, the amount of time a probate advance takes is almost always based on how quickly we can get the information we need. For example, in some states, we are able to review most of the necessary documents online, which speeds the process greatly. In other states, nothing is online, meaning that we have to rely on you or the estate’s attorney for information. If we do not get the information we need, we cannot complete a probate advance.