Who Is Right For A ProbateCash Inheritance Advance?

ProbateCash’s CEO Marc Harris explains who is the right for a ProbateCash inheritance advance. Marc also covers what a ProbateCash advance is and what it is not. The webinar explores how ProbateCash effectively tackles the immediate cash flow challenges your probate clients face. Additionally, Marc delves into how ProbateCash can serve as a solution to fund retainers from existing and prospective clients.

Key Takeaways

• ProbateCash provides upfront inheritance advances to estate beneficiaries who need money before probate distribution.
• The advance is not a loan: no credit check, no collateral, and non-recourse repayment (paid only from the inheritance).
• ProbateCash evaluates eligibility by verifying beneficiary status and confirming estate assets (often real estate equity).
• Advances can fund urgent needs like daily living expenses, preventing foreclosure, paying back taxes, or renovating an estate home to maximize sale value.
• Because fees can be high, an inheritance advance is best for people who need funds quickly and don’t have cheaper alternatives.
• Transparency is maintained by filing an inheritance assignment with the probate court and coordinating with the estate attorney.
• California has a specific statute governing inheritance assignments (Probate Code § 11604.5), and ProbateCash follows that framework broadly.

Full Webinar Transcript

Molly Driscoll:
Welcome, and thank you for joining today’s session, Who Is Right for a ProbateCash Inheritance Advance? This webinar is brought to you by Probate Cash. I’m your host, Molly Driscoll.

As a reminder, please type your questions in the chat window. Marc will answer questions after the presentation. If your question is case-specific or confidential, please indicate that in the chat and someone will follow up with you separately after the presentation.

Our presenter today is a professional with extensive experience in the probate field. Marc Harris is an attorney admitted to the Florida Bar and the Southern District of Florida. He is also a member of the Florida Bar’s Real Property, Probate, and Trust Law Section.

Marc has worked in the specialty finance industry for 25 years and has been involved in purchasing over one hundred million dollars’ worth of assets, many of which required court hearings. As CEO of Probate Cash, Marc is spearheading a relatively new industry focused on purchasing interests in actively pending inheritance claims from estates or trusts.

Before we begin, here is Marc’s contact information. You can call Marc at 561-476-1818 or email him at marc@probatecash.com.

Marc, can you start us off by explaining what Probate Cash does?

Marc Harris:
Thanks for the introduction, Molly, and welcome to everyone attending from around the country, especially the attorneys joining us today.

Probate Cash provides upfront advance money to beneficiaries of estates who are waiting for inheritances that are tied up in probate court. Throughout my career, I’ve worked in a niche of providing upfront money to people who are waiting for future payments. This became a natural extension of that work.

Many people believe they’re entitled to their inheritance immediately after someone passes away. They don’t understand probate, and then they find themselves needing money right away. We provide money today and wait to be repaid when assets are distributed from the estate.

Molly Driscoll:
How does an advance from Probate Cash work?

Marc Harris:
If someone needs an advance, it could be the personal representative or any of the beneficiaries. Usually, we’re contacted directly by a beneficiary or referred by an estate attorney, a Realtor, or other professionals involved in probate.

We do a review similar to any company purchasing an asset. In this case, we are purchasing a portion of an inheritance. We review the probate case file and complete basic underwriting.

First, we verify the person requesting funds is actually a beneficiary. Second, we evaluate the estate assets and what the beneficiary is likely to receive. For our purposes, we often focus on real estate: what property the estate owns, whether the property will be sold, what the net proceeds may be after liens or encumbrances, and what the beneficiary’s share will be.

One of our priorities is keeping the beneficiary engaged in the final result, so we do not purchase the entire inheritance. We want the beneficiary to still receive funds when assets are distributed.

Once we’re ready to proceed, we can sometimes fund within a day, even the same day.

We file an assignment of inheritance with the probate court. For example, if a beneficiary is assigning $20,000 of their inheritance, they sign an affidavit confirming that assignment and directing the personal representative to pay Probate Cash that amount before making distributions to the beneficiary.

This process provides transparency. The estate attorney is typically aware early on because we generally do not provide advances without speaking with the attorney first. The court is also aware because the assignment is filed.

Molly Driscoll:
You mentioned same-day funding. How can Probate Cash fund an advance so quickly?

Marc Harris:
It’s not magic, but it’s important to understand what an advance is—and what it is not. This is not a loan.

With a loan, there’s usually a lengthy application, collateral requirements, a credit check, and a bank-style approval process. We don’t do that. We don’t take collateral, we don’t rely on credit scores, and we don’t know exactly when we’ll be paid back.

We evaluate the inheritance. If a beneficiary is likely to receive, for example, $100,000, we may take an assignment of a portion and provide funds upfront.

We also do searches for judgments and liens. We try to assess whether creditor claims could wipe out the inheritance, because we often make advances before the claims period expires—sometimes even before it begins.

These are also non-recourse advances. If our underwriting is wrong, there is no recourse against the beneficiary if the inheritance is insufficient. That could happen due to poor underwriting, but it can also be bad luck. Maybe the house sells for less than expected, or creditor claims wipe out all or part of the inheritance. If that happens, we don’t get paid back, and that is our risk.

Molly Driscoll:
Let’s get back to today’s topic: who is Probate Cash right for?

Marc Harris:
Probate Cash can be right for some people and not right for others. I caution attorneys, Realtors, and beneficiaries that if someone has access to traditional funding—loans, family support, or other resources—and can wait, they should explore those options first.

Our fees start at 25% of the advance amount and can go up from there. We do have a cap, but it is still expensive money. It’s not for everyone.

For example, I wouldn’t encourage someone to take an advance to pay for something optional like a family vacation. That would be extremely expensive.

But for people who need money immediately to meet daily financial necessities, we can provide advances quickly.

We can also help when the estate is facing foreclosure or tax foreclosure and needs funds fast. Another situation is when an estate home needs $25,000 to $50,000 in renovations to reach fair market value. In that case, funding can benefit not just one beneficiary, but everyone involved, because it can increase the final sale proceeds.

A personal representative is often under heavy pressure. Even if they understand probate, other beneficiaries often don’t and become frustrated. The personal representative can sometimes reduce that pressure by directing beneficiaries who truly need immediate funds to contact Probate Cash.

Molly Driscoll:
How does an advance to one beneficiary affect other beneficiaries, and does it affect the probate case?

Marc Harris:
We are under contract only with the beneficiary receiving the advance. We are not in contract privity with other beneficiaries, and we are not in contract privity with the estate attorney.

We may speak with the attorney or personal representative as part of transparency and underwriting, but we are only contracted with the beneficiary.

If there is a shortfall, we do not seek repayment from other beneficiaries. That wouldn’t work as a business model, and it’s not how our agreements are structured.

In many cases, an advance can actually help the estate because it reduces pressure, reduces conflict, and gives everyone time to move through the probate process without constant urgency.

Molly Driscoll:
How can Probate Cash help law firms?

Marc Harris:
There are two main ways.

First, attorneys and their offices often receive calls from beneficiaries demanding updates, even when those beneficiaries are not the attorney’s clients. Some of those calls can be unpleasant. If beneficiaries receive funds, it often allows them to stabilize financially and reduces constant phone calls.

Second, Probate Cash can help law firms sign clients who can’t afford a retainer.

Attorneys invest money in marketing and lead generation. It’s painful to receive a strong lead and then lose it because the potential client can’t pay upfront fees or costs.

If there is a house that will be sold and there is equity, we can provide an advance to the person applying for letters. That person can authorize us to pay the attorney’s retainer and costs so the case can be opened and filed.

We are still only in contract with the beneficiary. If a will later appears and disinherits the person, or another issue arises, that is our risk—not the attorney’s.

This can help law firms take on more cases because upfront fees are paid and the case can move forward.

Molly Driscoll:
Are there any laws that govern inheritance advances?

Marc Harris:
There is one major state with a statute directly on point: California.

California Probate Code Section 11604.5 governs inheritance assignments and includes consumer protection requirements. We follow the letter and spirit of that law, and we apply similar standards in all our transactions nationwide.

The assignment is always filed with the probate court, and the personal representative is directed to pay us.

One key difference in California is that the statute requires the estate attorney to include Probate Cash in the final distribution order. That requirement is unique compared to other states. In other states, we monitor estates and follow up as distribution approaches.

We do business in nearly every state.

Molly Driscoll:
We’re at the 15-minute mark. Marc will stay to answer a couple of questions. First question: as the client’s attorney, how do I help my client qualify for an advance?

Marc Harris:
Cooperation from the attorney helps us make a fast decision. We typically call the attorney anyway. We want to know whether there are any surprises—potential claims, disputes, or issues not yet reflected in court filings.

That helps us make decisions quickly, which is how we can fund the same day or within 24 hours.

We can have a call with you and your client together, or with the beneficiary and then confirm details with you.

Our application process is short. We’re mainly looking for information like the county where the decedent passed away, where probate is filed (if it has been filed), and what the beneficiary is requesting.

Molly Driscoll:
Another question: as the attorney for the estate, can I be held responsible if I talk to your company about an advance or if you don’t get repaid?

Marc Harris:
No. We would not be able to operate if we required attorneys to take legal responsibility for repayment.

We ask attorneys for context because we want the best picture possible, but our risk tolerance is high. We make advances even before a petition is filed in some cases, such as to fund a retainer.

No one is under contract with us except the beneficiary receiving the advance.

Molly Driscoll:
Thank you. If you think of a question after the webinar, please reach out to Marc. You can call him at 561-476-1818 or email him at marc@probatecash.com.

Thank you for joining us today. Have a great day.