Waiting for an estate to settle is brutal.
Debts don’t stop accruing when someone dies. Funeral expenses, mortgages, property taxes, attorney fees … when they come due is the worst possible time. And if you are an heir who is waiting on your inheritance, probate court really doesn’t care about your schedule.
Here is the good news:
Dealing with expenses that accrue while the estate is in probate: There are several legal methods to do this. If you plan carefully, you can:
- Cover urgent bills without going broke
- Avoid taking on bad debt
- Get partial access to funds owed to you
Here is how to do it…
What you’ll discover:
- Why Probate Takes So Long
- The Real Cost of Waiting
- 5x Legal Ways To Cover Expenses
- How To Pick The Right Option
Why Probate Takes So Long
Probate is the legal process of proving a will, paying debts and distributing assets to heirs. Simple, right? Wrong.
Trust & Will found that probate lasts an average of 20 months nationwide in their 2024 study. That’s 20 months before beneficiaries see any money.
Why does it take that long? A few reasons:
- Court backlogs: Probate courts are slow, especially in big states.
- Creditor periods: Most states require a waiting window for creditors to file claims.
- Asset valuation: Real estate, businesses, and investments take time to appraise.
- Family disputes: Contested wills can drag the process out for years.
An “easy” estate can take 6-12 months to get through probate. And if someone contests the will… it could take years.
Early inheritance access is when heirs NEED financial assistance before the trust finishes terming.
The Real Cost of Waiting
What most people never consider.. …….. When the estate is tied up, the bills continue to mount.
Did you know that the average cost of a funeral in the US right now is nearly $8,300? Basic cremation services can run you over $6,000 alone. That’s a lot of money to come up with after someone you love dies.
And funerals are just the start. Heirs often need to cover:
- Mortgage and utility payments on the deceased’s home
- Property taxes and insurance
- Attorney fees and court costs
- Medical bills left behind
- Day-to-day living expenses for surviving family
Money worries don’t take a break when you’re grieving. According to a Debt.com survey in 2025, 37% of Americans accrued new debt because of a loved one’s death. Credit cards were the culprit 59% of the time. That’s a huge increase from 2024.
The takeaway?
As an heir, sometimes you can’t just wait around for probate to conclude. You have to have a plan of action. Let’s get to the most helpful part of this article. One helpful solution to help bridge that gap is inheritance funding, which allows heirs to receive a portion of their inheritance early and avoids traditional debt.
5x Legal Ways To Cover Expenses While The Estate Is Tied Up
Here are the most frequently used (and legal) methods heirs use to pay for expenses during probate. Read each one, choose the one that works for you, and do it.
Family Allowance From The Estate
In most states, the surviving spouse (or dependent children) may take what’s called a “family allowance” during probate.
Approved by the court. It is paid directly from the estate. It is intended to provide for living expenses until everything is resolved. Amount and duration are determined by:
- Which state you are in
- The size of the estate
- The needs of the family
You submit a petition to the probate court. They review it, and then the judge grants or denies the allowance. Granted, it doesn’t happen overnight. But it can provide some much needed stability for loved ones left behind.
Talk To The Executor About A Partial Distribution
Did you know the executor can sometimes pay heirs early?
In most states, the executor (personal representative) is allowed to make partial distributions prior to closing probate. Usually this occurs one time:
- The major debts have been paid
- The asset values are clear
- There are enough remaining funds to cover obligations
Fine print: the executor needs to want to do this. They also need to be confident paying you early won’t create hardship later if creditor claims arise.
The intelligent thing to do is to be nice and ask. Share your story. Sometimes even 25% of a partial distribution will relieve the pressure.
Inheritance Advances
This is one of the fastest options out there.
An inheritance advance is a financial product where an advance company provides you with a lump sum payment now in return for part of your future inheritance. This is not a loan. Important:
- No monthly payments
- No credit checks (in most cases)
- No personal liability if the estate falls short
The advance company probate waits to close and they get paid back by the estate. If cash is needed in a hurry to pay funeral expenses or mortgages this can be one of the simplest ways. Read the contract and understand what the discount rate is.
Probate Loans
Probate loans are different than inheritance advances. With this type of loan, money is borrowed and paid back with interest. Many executors take out probate loans because they need cash to:
- Pay estate taxes
- Maintain property
- Cover legal fees
The estate itself is typically the borrower. However, heirs may also borrow through personal probate loans against their future inheritance.
Keep in mind… It’s still a loan. Interest still accrues. Thus borrowing costs can mount if probate takes awhile.
Personal Loans Or HELOCs
Occasionally the answer is as simple as a traditional personal loan or a home equity line of credit (HELOC) on a primary residence. This can be a great solution if the heir:
- Has good credit
- Owns property with equity
- Needs a smaller amount
Rates are generally lower than credit cards. Heirs also maintain complete control over the repayment terms. The negative is the borrower is responsible to repay it, even if probate doesn’t close for years.
How To Pick The Right Option
So which option is best? It depends on a few things.
Here is a simple way to think about it:
- Need cash fast? Inheritance advances are usually the quickest.
- Have good credit? Personal loans and HELOCs offer the lowest cost.
- Surviving spouse or dependent? A family allowance is a no-brainer.
- Decent relationship with the executor? Ask about partial distribution first.
Whichever option is selected, make sure to speak with a probate lawyer prior to signing any agreement. They will walk through everything including the contract itself, tax consequences and any risks associated with the estate.
Final Thoughts
Probate is slow. The bills are not.
There’s no need to spin wheels waiting around for an estate to finalize. Use one (or a combination) of the legal avenues above to pay for what needs to be covered without getting into harmful debt. Here’s a quick breakdown:
- File for a family allowance if eligible
- Ask the executor about a partial distribution
- Look into an inheritance advance for fast cash
- Consider a probate loan or personal loan if needed
- Always talk to a probate attorney before signing
The objective is quite simple. Stay financially afloat while the legal system takes it’s course. With some intelligent planning, heirs can make it through probate without the anxiety of increasing bills.
