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Probate Loan vs. Probate Advance: Which Is Right for You?

Searching for a probate loan? Before you commit to borrowing against your inheritance with interest, learn how a probate advance can save you money and eliminate your risk.

Why people search for "probate loan"

Most people searching for a probate loan are dealing with a simple problem: they need money now, but probate is locking up their inheritance for months or years. The average probate takes 9 to 24 months. In contested cases or states with slow court systems, it can stretch to 3 to 5 years. During that entire time, your inheritance sits inaccessible.

Probate loans emerged as one solution to this problem. But for most heirs, a probate advance is the better option — and understanding why requires looking at how each one works when probate drags on longer than expected.

The timeline risk with probate loans

A probate loan is a traditional loan where you borrow money against your expected inheritance. The lender charges interest — typically 10-15% APR — and requires monthly payments. The core problem: you cannot control how long probate takes. Here's what that means in real dollars:

On a $30,000 probate loan at 12% APR: after 12 months you've paid $3,600 in interest. After 24 months: $7,200. After 36 months: $10,800. That's on top of 36 monthly payments. And you're personally liable for the full amount regardless of what the estate produces.

Common probate delays that could extend your loan — and your interest costs — include real estate that takes months to sell, creditor claims that need court resolution, tax disputes with the IRS or state, will contests filed by disgruntled heirs, and courts with overwhelmed dockets. None of these are within your control, but with a loan, you bear the financial consequences.

How a probate advance eliminates that risk

A probate advance works on a completely different model. You assign a portion of your expected inheritance to the advance company in exchange for immediate cash. The cost is a single flat fee locked in on day one. Whether probate takes 6 months or 6 years, your cost never changes. No interest, no monthly payments, and if the estate falls short, you owe nothing. The risk of probate delays falls entirely on the advance company — not on you.

When probate takes longer than expected

Probate Advance Probate Loan
Cost after 6 monthsSame flat fee~$1,500 interest on $25K at 12%
Cost after 18 monthsSame flat fee~$4,500 interest
Cost after 36 monthsSame flat fee~$9,000 interest
Monthly payments during waitNoneRequired every month
If estate produces less than expectedYou owe nothingYou still owe full loan + interest
If you lose your job during probateNo impact — no payments dueRisk of default
Credit check requiredNoYes

Frequently Asked Questions

A probate advance is a sale of a portion of your future inheritance — not a loan. There's no interest, no monthly payments, no credit check, and no personal liability. If probate takes longer than expected, your cost stays the same. With a loan, interest keeps accumulating.

With a probate advance, it doesn't matter. Your flat fee is set on day one and never changes. With a probate loan, every additional month adds interest to your balance.

Yes. Credit is irrelevant — qualification is based entirely on the estate, not your personal finances.

Related Resources

Advance vs. Loan: Key DifferencesRead more →Probate Cash AdvanceRead more →Understanding Probate CostsRead more →

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