Obtain a Trust Loan

What is a Trust Loan?

Two years ago, at least two-thirds of the loans our company serviced were Probate Loans. As a society, families have become more aware of the value of structuring assets in a trust. Thus, today, over two-thirds of our loans are Trust Loans.

A Trust Loan is a loan to a guardian or conservator of an estate, secured by real property in California, that is held in a Trust. This person is acting on behalf of the trust 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 held in a trust, 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 trust asset in cash.

A Trust 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 that is in a Trust. Can I obtain a Trust 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 a Trust Loan from First Probate Solutions if I am not in California, my property is not located in California, or the decedent or other heirs are/were not California residents?

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 a Trust Loan, please email or fax the following items:

  1. Amount Requested and for What Purpose

  2. Property Address

  3. Any Appraisal(s)

  4. Trust Declaration

  5. Any Amendments or Restatements

  6. Last Trustor/Settlor’s Death Certificate (Required by Title Company)

Email these documents to:

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.

About The Author

Jonathan Brooks
Jonathan Brooks, President of First Probate Loans Jonathan maintains highly specialized expertise in California real property, finance/lending, and trust and estate laws. He has completed nearly 10,000 financial transactions to estates and trusts in more than 25 years of probate loan management work. Jonathan is a trusted source for attorneys throughout California, as well as for mediation and arbitration judges. A recognized industry expert, he serves as a single source for estate mortgage borrowing needs. California Bureau of Real Estate Broker # 01881423 Nationwide Mortgage Licensing System and Registry NMLS # 307111 Paralegal

Encino Law Center
15915 Ventura Blvd.
Suite 203
Encino, CA 91436

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