Disclaimer: Consumer legal fundings and advances are not loans under applicable financing laws. Rockpoint’s products are non-recourse, meaning if you don’t win your case, you don’t have to pay us back. Receiving financial support in connection with a legal case is typically (and oftentimes incorrectly) referred to as a “lawsuit loan” or “loan.” Therefore, for the ease of search references, these terms may be used in this context to refer to our funding products, but we maintain our separateness from consumer loan products in all legal aspects.
When a loved one dies, the estate may end up in local probate court. This can be a lengthy process, delaying the passing of the estate to the heirs. If you have a case in probate, Rockpoint Probate Funding is available to help you receive money now. You will need some probate documents in hand to qualify for this immediate funding.
Probate court filings require you to provide multiple documents, many of which are similar to what’s required when seeking inheritance funding. Learn more about the probate documents you must produce to apply for probate funding to determine whether this option might be appropriate for your situation.
Death Certificate
The funding company needs a copy of the death certificate for your loved one. This official document proves that the person whose name the estate is listed under has indeed passed away.
Surviving family members and the executor of the estate need the death certificate to access items related to the estate, like the decedent’s bank accounts. The probate funding company must have proof of the death, first and foremost, before even considering your request for funding.
You can seek an official copy of the death certificate from the local courthouse or the estate executor, whichever is more convenient.
Copy of the Will
Although you can seek a copy of the will from the local courthouse, the better option is to reach out to the estate executor. If you plan on applying for pre-inheritance funding, you will need multiple probate documents from the executor. The probate funding company may also contact the executor about your application. You should let the executor know about your plans.
Will verification also be necessary. The funding company will not accept an unverified copy of the will.
If no will exists, the executor can use local intestate succession laws to estimate your projected inheritance that the funding company may accept. Intestate succession laws will play a role in determining what you could inherit when no will exists.
Probate Petition
The petition for probate is one of the first documents filed in court to start the probate process. This document often duplicates much of the information contained in the other documents on this list.
Letters of Administration
The letters of administration verify the executor of the estate and give this person the authority to act on the estate’s behalf.
If the will does not name an executor, the letters of administration will show who the court has appointed to serve as the executor.
Inventory Sheet
The inventory sheet lists all the estate’s assets, allowing the funding company to verify the value of the potential inheritance.
Notice to Creditors
The notice to creditors is a required published notice about the death of the person who owned the estate. It informs creditors that the estate is in probate and gives them a deadline for requesting debt payments.
Probate funding companies want to understand the deadline for creditors and the amount of debt the estate owes before they estimate the inheritance you could receive.
Photo ID and SSN
You must have some form of photo ID to be able to apply for probate funding. Your funding company will determine what types of photo identification are acceptable, but you may be able to use:
- Driver’s license
- Passport
- Military ID
You must also produce proof of your Social Security Number (SSN). Some probate funding companies will want to see your actual SSN card as an official probate document. Others might accept a copy of your tax return that shows your SSN.
Certification of Your Expected Inheritance
The estate executor must create and vouch for a document showing your expected inheritance. The probate funding company will not accept a personal estimation of your inheritance without this kind of official backing.
The funding company may contact the executor to verify the amount. Before proceeding, the company will want to compare this estimation of your inheritance to the estate inventory list to ensure the estimate is accurate.
Other Probate Documents
In certain states, you will need probate documents beyond those listed here. Probate funding companies may not need these extra heirship documents your state requires. However, keep your extra documentation handy in case the funding company asks for more information to approve your funding application.
What You Don’t Need
When you apply for probate funding, you do not need to undergo a credit check or income verification process. The funding company bases the amount that you could qualify to receive on the expected inheritance. Credit verification is unnecessary as long as you have all the proper probate documents.
The location of the probate court doesn’t affect your ability to seek funding, either. At Rockpoint Probate Funding, we can provide probate funding in all 50 states, so don’t hesitate to reach out if you are thinking of pursuing this option.
Learn More About Receiving Funding for Probate Cases
When you have a case that’s going through probate after a loved one’s death, you need several documents. It starts with obtaining a copy of the will, but producing other documents is necessary, too. The above should give you a solid place to start.
Many of the same probate documents you need for court filing also satisfy the requirements for probate funding. When you want to learn more about your options for receiving funding while your case moves through probate, reach out to Rockpoint Probate Funding. Call us today at (888) 263-8588 for a free consultation.
