If you’ve recently lost a loved one, you may be facing the probate process—and wondering what it means for you as an heir. At Advanced My Inheritance, we’re here to help you understand probate, how it works, and how you may be able to access your inheritance sooner.
What Is Probate?
Probate is the legal process of settling a deceased person’s estate. This includes:
- Verifying the will (if there is one)
- Paying off debts and taxes
- Distributing remaining assets to heirs and beneficiaries
Probate is typically handled through the local probate court and is required whether or not a will exists. It’s designed to ensure that assets are legally and fairly transferred to the rightful heirs.
Why Does Probate Matter?
Probate provides a court-supervised process that ensures:
- The will is valid
- All debts and taxes are paid
- The estate is distributed correctly
- Heirs’ rights are legally protected
It helps prevent fraud, mismanagement, and disputes among family members and creditors.
When Is Probate Required?
Probate is usually required if the person who passed away:
- Owned property or assets in their name only
- Did not leave a will (this is called intestate)
- Has estate assets exceeding a certain threshold set by state law
Probate may NOT be required if:
- Assets are held in a living trust
- Property is jointly owned with rights of survivorship
- Financial accounts have named beneficiaries
Key Steps in the Probate Process
Here’s an overview of what typically happens during probate:
- File a Petition
A petition is submitted to open the estate and appoint an executor (if there’s a will) or administrator (if not).
- Validate the Will
The court confirms the will is legally valid.
- Notify Heirs and Creditors
All interested parties are notified and given the chance to make claims or raise objections.
- Inventory the Estate
The executor lists all assets, including property, bank accounts, investments, and personal items.
- Pay Debts and Taxes
Outstanding debts, taxes, and expenses are paid out of the estate before anything is distributed.
- Distribute Assets
Once the court gives approval, the remaining estate is distributed to heirs or beneficiaries.
- Close the Estate
The court reviews a final report and formally closes the estate.
How Long Does Probate Take?
The probate timeline depends on the complexity of the estate and whether any disputes arise. On average:
- Simple estates: 6 to 9 months
- Moderate estates: 9 to 18 months
- Contested estates: 18 months or longer
How Much Does Probate Cost?
Probate costs vary by state, but commonly include:
- Court filing fees
- Attorney fees
- Executor compensation
- Accounting and appraisal costs
Typical total costs range from 3% to 7% of the estate’s value. This is why some families try to avoid probate through estate planning.
Can You Avoid Probate?
Yes! Here are common ways to avoid probate:
- Living trusts
- Joint ownership of property
- Payable-on-death (POD) accounts
- Transfer-on-death (TOD) registrations
- Named beneficiaries on retirement or life insurance accounts
These methods allow assets to transfer automatically and outside of court.
Stuck in Probate? Get an Inheritance Advance
Probate can take months—or even years. If you’re an heir waiting on your inheritance, we understand the frustration and stress that comes with the delay.
That’s where Advanced My Inheritance comes in.
We help heirs access their inheritance before probate is finalized.
What Is an Inheritance Advance?
An inheritance advance (also known as a probate advance) allows you to receive part of your expected inheritance right now. When the estate settles, we’re repaid from your share—not by you personally.
Why Choose Advanced My Inheritance?
✅ No credit check
✅ No monthly payments
✅ Fast approval and funding (typically 1–2 days)
✅ Advances from $10,000 to $500,000
✅ Doesn’t affect other heirs or delay the estate
✅ Compassionate, personalized service
Whether you’re dealing with rising costs, personal debt, or simply can’t wait through the probate process, we’re here to support you.
Common Questions About Probate
Is probate public?
Yes. All probate cases are filed in public record, which is how we may have contacted you.
What if there’s no will?
The estate will go through intestate probate, where assets are distributed based on state law.
What if the estate is in a trust?
Trusts typically avoid probate. However, if there’s a dispute, missing assets, or real estate not properly transferred into the trust, probate may still apply.
What is a spendthrift clause?
Some trusts include a clause that protects the inheritance from creditors. In order to receive an advance, we may require a waiver of the spendthrift clause from the trustee and/or attorney.
Final Thoughts
Probate is often a slow, complicated process—especially during a time of loss. But you don’t have to wait months or years to access your inheritance.
At Advanced My Inheritance, we specialize in helping heirs like you move forward sooner with inheritance cash advances. Our process is fast, transparent, and designed to bring peace of mind during a difficult time.
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Let’s help you access what’s rightfully yours—without the wait.