What to ask, what to read in the contract, and which California rules protect you before you sign with any inheritance funding company.
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If you are waiting on a California probate case, you have probably seen ads from several inheritance advance companies. Their offers can look alike, but two offers with the same check amount can take very different amounts out of your inheritance, and some contracts include terms California law does not allow. Here is how to compare offers side by side.
An inheritance funding company pays you cash now in exchange for an assignment of part of your share of the estate. When the estate distributes, the agreed amount goes to the company directly from your share, and you keep the rest. It is not a loan. If you are new to the idea, start with what an inheritance advance is and how it differs from a probate loan.
The single most useful number in any offer is the gap between two figures:
That gap is the true cost. A bigger check paired with a much bigger slice of your inheritance can cost you more than a smaller, cleaner offer. Put every offer in one table: cash today, amount assigned, and the difference.
Probate in California often takes 9 to 18 months, and delays are common. Some funders use a fixed fee that never changes. Others use a schedule where the amount they take steps up the longer the estate stays open.
Ask each company directly: If this estate takes a year longer than expected, will I owe you more? At Cash4ProbateHomes, our fee is fixed up front, so a slow court does not cost you more, and we charge no application fee and no upfront fees.
California requires an inheritance purchase agreement to state the total of all costs or fees charged to you because of the transfer. That includes processing, credit report, title search, due diligence, filing, and transfer costs. When you compare offers, ask for that total in writing and add it to the true cost. Be wary of any company that wants money from you before you are funded.
Creditor claims, a drop in property value, unpaid taxes, or a will contest can all shrink what you inherit. With a non-recourse advance, that risk belongs to the funding company. If the estate comes up short, you do not owe the difference out of your own pocket.
California Probate Code section 11604.5 makes any provision in these agreements that gives the company recourse against you for a shortfall void, except for losses caused by your own fraud or material breach of the agreement. Even so, read the contract. If it says you must repay, guarantee, or make up any shortfall, treat that as a red flag. Our advances are non-recourse, and we explain how settlement works in do you have to pay back an inheritance advance.
Section 11604.5 also voids certain provisions outright. If an offer includes any of these, it is a sign the company is not following California rules:
A good company answers all of these in writing without pressure. Vague answers or a push to sign today are reasons to keep shopping.
Look for a pattern in reviews, not a single glowing or angry one: did the amount taken at distribution match what the heir was promised, were there surprise fees, and how were delays handled? Reviews never replace reading the agreement, since its written terms are what the court and the estate follow.
The best inheritance advance company for you is the one with the lowest true cost, a fixed fee, no upfront charges, real non-recourse terms, and clear compliance with California law. Speed matters, but never at the price of a contract you do not understand, and it can help to have your own attorney review it. Still weighing options? See getting money before probate closes and our probate advance guide.
Compare the amount each company takes from your inheritance at distribution against the cash you receive today. Then check whether the fee is fixed or grows over time, add any other fees, and confirm the advance is non-recourse.
No. An inheritance advance is an assignment of part of your inheritance, not a loan. There is no interest, no monthly payment, and no credit check.
Yes. Probate Code section 11604.5 sets rules for companies that regularly buy inheritance interests, including filing the agreement with the court, disclosing all fees, and banning recourse against heirs for a shortfall. The court can also refuse to enforce grossly unreasonable terms.
No. You are assigning part of your own share, so you do not need the executor's or the other heirs' approval. The executor is notified of the assignment so the estate can pay it at distribution.
Case review is typically completed within 24 to 48 hours, and once eligibility is confirmed, funds can be available in as little as 24 hours.
See how much of your inheritance you can access, with a fixed fee, no upfront fees, and no credit check. Free and no obligation.
Apply Now — It's FreeThis article is general information about inheritance advances and California law, not legal, tax, or financial advice. Eligibility and advance amounts vary by case. Inheritance advances are not loans.