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Don't Wait Years for Probate to Close.
Access the Equity in Inherited Real Estate Now.

Probate loans let you use the value of inherited property to cover estate expenses, buy out heirs, and keep things moving — while the legal process runs its course.

Image by Sasun Bughdaryan

The California probate process can take anywhere from 9 months to over 3 years.

 

During that time, estates have real financial obligations — attorney fees, property taxes, outstanding debts, maintenance costs, and sometimes the need to buy out co-heirs who want their inheritance in cash.

Waiting isn't always an option. A probate loan gives the estate access to liquidity right now, secured by the real estate it already holds.

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What Is a Probate Loan?

 

A probate loan (also called an estate loan or inheritance loan) is a short-term, asset-based loan made directly to an estate or trust, secured by real property within that estate. The loan is issued to the estate — not to individual heirs — and repaid when probate closes, the property sells, or long-term financing is secured.

Traditional banks will not lend on property in probate. South County Capital can.

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What Probate Loans Are Used For

 

Pay Estate Debts and Obligations Cover outstanding mortgages, property taxes, liens, utility bills, and any other debts of the estate without depleting heirs' personal funds.

Attorney and Executor Fees Probate attorneys and professional fiduciaries need to be paid throughout the process. A probate loan keeps those costs covered without interrupting the estate administration.

Heir Buyout One heir wants to keep the inherited property. Others want to sell or receive their share in cash. A probate loan funds the buyout so ownership can be resolved — without forcing a sale of the property.

Protect Against Property Tax Reassessment In California, qualifying parent-to-child transfers may be excluded from property tax reassessment under Proposition 19. Using a probate loan to buy out co-heirs during probate — rather than after distribution — can help preserve that benefit. Consult with your probate attorney for guidance specific to your situation.

Property Maintenance and Preservation Keep the inherited property in good condition during the probate period — preventing value loss while the estate is being settled.

Who Can Initiate a Probate Loan

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  • Executors (when there is a valid will)

  • Administrators (when there is no will)

  • Trustees managing real estate held in a trust

  • Beneficiaries, with the agreement of the estate representative

  • Probate attorneys and professional fiduciaries acting on behalf of the estate

All parties to the estate must agree to the loan. In most cases this is straightforward since the funds directly benefit the estate.

How It Works

 

Probate loans are underwritten based on the value of the real estate — not the credit scores or income of the heirs. We review the property, the current title, the probate case documentation, and the estate's obligations. If the deal makes sense, we can fund quickly.

Typical term: 12–24 months, interest-only payments, with repayment at probate close or property sale.

 

Why South County Capital for Probate Loans

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  • Direct private lender — we fund from our own capital, no middlemen

  • Asset-based underwriting — the property secures the loan, not personal credit

  • Fast closings — we move quickly once all parties are aligned

  • We work with probate attorneys and professional fiduciaries throughout California

  • California DRE Licensed (#01884316)

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