It can take months or possibly years for family members to receive money from an inheritance or trust fund of their loved one. Many estates are required to use the probate process, which can be take a long time and be confusing for the heir. It is important to understand how does the probate process work, the reason for the probate time frame and what beneficiaries can do to get their money faster with cash advances or other inheritance funding.

What is the Probate Process?

Here is a look at how does the inheritance process work. Probate is the legal process of transferring the assets of the deceased to the chosen heirs or others who the court deems to be eligible to receive the inheritance. Someone involved with the estate, which is often the executor or trustees or even a lawyer for the estate, must file probate with the local court where the deceased person spent their life. This step officially begins the process of having probate opened. Each state makes its own laws regarding how probate is to be handled. Statutes are in place from Los Angeles, California to New York to Hawaii on how to handle the estate of those who have deceased. However, many of the details are similar. All assets must be recorded and valued once probate has started, debtors must be paid, any estate tax paid and heirs must receive the remaining funds based on a will or the ruling of the court. The timeline of the settlement process can vary from just a few months or even take years to resolve, but it is seldom fast. If someone disputes the will, the timeline will often be longer until the court can resolve the dispute and determine if the will is valid. During this time, the heirs do not have access to the money that is rightfully theirs, and there is very little they can do about the delays even if they consult with an attorney.