Probate Loans: Should You Get Advance on Inheritance?

If you are expecting an inheritance from a probate estate, you may be able to access a portion of your inheritance sooner by taking out a probate loan. The probate lender obtains your inheritance after probate ends in exchange for instant payment to you. In this regard, a probate loan is more of an advance on your inheritance than a loan. If you want to know more, click here for probate loan info.

How Do Probate Loans Work?

The probate lender assesses the estate and determines how much you will inherit. If the lender believes it will profit from a deal with you, it may offer you an immediate payment of less than your entire inheritance in exchange for the right to collect the entire amount once probate is completed.

As a result, you will receive less money than you anticipated, but you will receive it sooner, regardless of how long or uncertain a probate may be.

Probate Loans: Make an Informed Decision

If you're thinking about getting a probate loan, don't rush into it. Take some time to consider whether it is an appropriate choice for you.

•        Speak with an estate attorney as well as a financial counselor. These experts can assist you in comprehending the probate loan process as well as the legal and financial implications of your selection.

•        Recognize the true value of your heritage. An estate attorney can also assist you in determining what you are entitled to from the estate and how long it will take for you to obtain it.

•        Notify the estate's executor or an administrator. Inform that person of your plans so that he or she can (1) submit any relevant papers and (2) prepare for the probate lender to become involved in the process.

•        Get quotes from a variety of lenders. Compare loan offers from several lenders to find the best rates. Consider seeking guidance from a financial expert or an estate attorney before deciding which offer to accept.

•        Think about other options. Could you acquire a loan from a family member if you're considering probate lending because you're in need of money? Is it possible for you to receive a personal loan? Continue reading to learn why these alternatives are worth considering.

Why Shouldn't You Consider Probate Loans?

Although the prospect of receiving your inheritance sooner may appeal to you, there are several reasons to be skeptical about probate loans.

1.     A High Effective Interest Rate Poses a Risk

Probate loans can be expensive, especially when compared to the benefits you receive.

For example, if you receive a probate loan and the probate process takes a long time, you may forfeit a large percentage of your inheritance for the tiny benefit of receiving the money a few weeks or months sooner.

The effective interest rate might range from a modest percentage to over 50% depending on the length of the probate. The estimate is based on the time it takes for you to get your payment and for the lender to receive payment from the estate. It can be difficult to foresee, but an estate attorney can help.

In the preceding example, you can see how this might function. On a $15,000 inheritance, you received a $12,000 probate loan, therefore you elected to forfeit $3,000 in exchange for getting the money sooner. The effective interest rate is a modest 12.5 percent if the probate takes longer than expected (2 years, 730 days).

However, assuming the probate takes an average amount of time (6 months, 180 days), the effective interest rate is above 50%, which is a bad rate for any loan.

2.     Involvement of the Lender in the Probate Process

Probate loans bring a stranger into the estate's probate proceedings, potentially disrupting what might otherwise be a reasonably peaceful procedure among relatives and friends. In fact, according to legal studies, probate lending is more likely to cause conflict in an estate than intestacy.

3.     Predatory Lenders

Probate lending is a relatively new industry that is mainly unregulated. As a result, lenders have the ability to prey on consumers, which they do.

This is especially concerning because lenders are typically sophisticated, well-funded businesses that are familiar with probate. But consumers are typically people of average means who are unfamiliar with probate or other estate-related issues. This gives probate lenders a significant advantage and makes it simple for them to exploit clients.

Follow the points above to protect yourself and make sure you're making the best decision possible concerning probate loans. Take the time to understand what you stand to gain and lose from probate lending.

Is a Probate Loan Still a Good Option?

Despite the drawbacks, some people may find probate loans to be a viable option. Consider the following scenario:

1.     If you are unable to wait

Probate loans may be a realistic alternative if you have a financial need and cannot afford to wait for probate. You will receive less money, but you will receive it when you require it.

2.     If you need it right away

Because probate can take a long time, you may be willing to forfeit some of your inheritance to receive it sooner. Simple probate can take anywhere between four and eight months to complete.

If there is a conflict or an unusual asset, the probate process could take a year or more. If you don't want to wait, probate loans may be able to provide you with a smaller sum sooner.

3.     If you want to be assured

Using a probate lender may be advantageous if the outcome of the probate is complicated or unknown. Probate lenders are familiar with the process and have a financial motive to see that it is completed quickly and correctly.

When the probate lender takes over the right to receive your bequest, he/she will preserve its investment with whatever means and techniques. A probate lender has the means and know-how to enforce its rights and collect what is owing if an estate is difficult or has a lazy or incompetent executor. This can also be beneficial to the estate's other beneficiaries.

The Bottom Line!

Keep in mind that there are other options. You might borrow money from a family member or apply for a personal loan. Some lenders, similar to mortgage lenders, will make loans using inheritance as security. These inheritance loans will have monthly installments required by the lenders. Take your position in probate and assume some risk of not being reimbursed.