What is an Estate Loan?
Estate Loan is the overarching term used to describe both Probate Loans and Trust Loans. Probate Loans include estates where there is a decedent, Trust Loans include estates where there is a decedent, a guardianship or a conservatorship and the assets are held in a trust.
An Estate Loan is a loan to a guardian, conservator, executor, or administrator of an estate, also known as a fiduciary, secured by real property in California. This person is acting on behalf of the estate and its beneficiaries. These loans are often useful to help pay for attorney’s fees or to effectuate a non pro rata distribution.
A pro rata distribution of the assets of an estate means that each heir receives an equal portion of each asset in the estate. A non pro rata distribution means that each heir receives an equal proportion of the entire estate but not necessarily of each asset. For example, in a family where a set of siblings gains ownership of a house that is part of an Estate, one sibling might want to live in the house, while the other sibling(s) might want to receive their share of the value of the asset in cash.
An Estate Loan can help the family distribute the partial value of that asset, and most importantly without triggering a property transfer tax reassessment. As a result of the non-triggering, the taxes owed at the time of distribution are dramatically reduced.
I am an Heir of an Estate. Can I obtain an Estate Loan from First Probate Solutions?
No. That type of loan is known as an Heir Advance. We do not offer this type of loan. If this is your current situation, we will happily refer you to one of our many trusted industry colleagues who handle this type of loan.
Can I obtain an Estate Loan from First Probate Solutions if I am not in California, or if my property is not located in California.
Because we are licensed in California only, First Probate Solutions can service loans only if your property is located in California and the trust is being administrated in a California court.
To start the process of obtaining an Estate Loan, please email or fax the following items:
Amount Requested and for What Purpose
Any Amendments or Restatements
Last Trustor/Settlor’s Death Certificate (Required by Title Company) If Applicable
Additional Documents Describing the Nature of the Estate of the Decedent, Minor, or Conservatee
Email your documents to: EstateLoan@gmail.com
Or fax to: 855.304.7381
Call us for more information: 818-788-2308
First Probate: Sophisticated probate, trust, and estate loans made simple.
First Probate provides loans to fiduciaries – executors, administrators, trustees, conservators and guardians – who borrow on behalf of trusts and estates.
Operating in California, the firm helps attorneys, and their clients who serve as fiduciaries, obtain loans at competitive rates.
First Probate manages the full probate financing process.