When someone passes away, their possessions often need to go through a legal check known as probate court. This specialized court oversees the process of confirming a will’s authenticity, paying any outstanding debts, and making sure whatever is left goes to the right people. While this can feel overwhelming at an already difficult time, understanding how probate court works can help you and your family avoid surprises.
Why Does Probate Court Matter?
The main goal of probate court is to protect everyone’s interests:
- Verifying a Will: If the person left behind a will, the court reviews it to ensure it’s valid and in line with local laws.
- Handling Debts: Probate court makes sure that any taxes or financial obligations are settled before heirs receive anything.
- Asset Distribution: After clearing debts, the court allows heirs to inherit property or funds according to the deceased’s instructions (or state laws if there’s no will).
In states that follow intestate succession (when no will exists), probate judges rely on preset rules to determine who inherits. This prevents confusion or arguments about who should be entitled to which assets.
The Usual Steps in Probate
Although each situation can vary, there’s a common pattern in most states:
- Filing Key Documents: A relative or the named executor submits the will (if one exists) and the death certificate to the court.
- Executor Confirmation: The court officially recognizes an executor, giving them the green light to manage estate affairs.
- Notifying Creditors and Heirs: The executor posts notices about the death so that anyone owed money can present claims.
- Settling Bills: Before beneficiaries receive anything, valid claims and taxes must be paid from the estate’s funds.
- Distributing Inheritance: When debts are settled, the executor divides up what’s left according to the will or applicable state laws.
While uncomplicated cases might wrap up in a few months, some estates get stuck in the process for a year or more—especially if conflicts arise or if assets are complicated to value.
When Probate Might Be Skipped
Some property doesn’t require probate. For instance, accounts or assets set to transfer on death (like life insurance or retirement funds with named beneficiaries) often pass directly to those individuals. Also, smaller estates might bypass full probate if the total assets don’t exceed certain state limits. And in cases where a living trust was established, many assets could skip court proceedings entirely.
Handling Expenses During Delays
The reality is that regular bills and urgent costs keep coming while probate unfolds, which can create financial strain. That’s why some families look into cash advances—also called inheritance advances—to receive part of their future inheritance sooner. This option helps cover funeral costs, mortgage payments, property taxes, or general living expenses. Then, once probate closes, the advance is repaid from the estate share you eventually receive.
How We Can Help
If you feel stuck covering immediate bills while the estate remains tied up in probate, Rockpoint Probate Funding may be able to help. We offer probate cash advances that can let you bridge the gap until the legal process wraps up. Approval usually hinges on the estate’s value rather than your own credit or employment record, meaning less red tape for you.
Curious to learn more?
Give us a call at (888) 263-8588. There’s no cost to discuss your situation and explore possible solutions. We understand that navigating probate court can be stressful, and we’re here to help take some of that burden off your shoulders.
