Delaware Inheritance Loans and Probate Advance Law

Dec 17 2018

The first you probably want to know after learning that you are receiving an inheritance is when you will get your funds. If the estate of the deceased goes through the probate process, it’s typically an average of 12 to 24 months before the estate is distributed to their heirs.

There are ways to avoid probate, but they generally must be enacted prior to death, including estate planning and trusts. If you are an heir or beneficiary in Delaware and your inheritance is already in probate, there may be other options available to you including the option to get your inheritance funds in just a few days.

What Are Delaware Probate Laws?

Delaware probate laws are in place to ensure your property and belongings are passes to your heirs according to your wishes. At its most basic, a decedent’s will is a set of directions that explain how their property and belongings should pass to benefactors and heirs. Probate is the legal way of ensuring the will is followed. When someone dies without leaving a will, his or her estate will also be probated to ensure the proper beneficiaries receive the appropriate share.

A wills and estate attorney can help plan your estate so that the majority, if not all, of your property, will bypass probate and go directly to the designated beneficiaries. This type of attorney can also help an executor prepare all files and documentation and navigate the complexities of the probate process.

What is The Probate Process in Delaware?

The probate process in Delaware follows the same basic process established in many other states.

  1. An executor is named to manage the estate throughout the probate process. The executor is usually named in the will, but if no one is named, the probate court will appoint one. The executor will petition the court to open probate and ensure the will is valid. They will also have to have the estate inventoried and appraised for the court.
  2. Public notice is given for creditors to file a claim for debts the decedent owed. All final taxes are paid from the estate as well as any fees and costs for probate.
  3. The beneficiaries and heirs are given their share of the estate as directed by the will. If there is no will, the probate court will determine how the estate will be divided and shared.

While the core process can be described in three simple steps, the process itself can take years. In fact, the average probate case can take 12 to 24 months to complete, and if the will is contested, it can take far longer. During probate, estate assets cannot be sold or distributed, and no part of the estate can be passed to a beneficiary. The court controls the estate, not the executor. The executor only manages the takes required for probate.

What Property Will Go Through Probate in Delaware?

Property that will go through probate in Delaware depends on if the estate was planned to bypass probate. Through survivorship rules and estate planning, a decedent’s assets can be passed to designated beneficiaries automatically upon death, eliminating the need for probate. By example, financial accounts, real estate, and personal belongings can transfer automatically to whomever you want to have them when you die. If you do not have a will, and you have not done estate planning or established a trust, your estate will probably have to go through probate in Delaware.

How Can You Avoid Probate in Delaware?

You can avoid probate in Delaware with estate planning. Probate can be very time consuming, and it can be costly. If the estate is not able to pay its debts, taxes, fees, and costs, the heirs may need to. Typically, probate can last from months to years with the average probate case lasting between 12 and 24 months. If the will is contested, the whole process can take much, much longer. A living trust can be set up to allow your property and belongings to pass to your beneficiaries when you die.

How Can You Access Delaware Inheritance Funds Immediately?

You can access Delaware inheritance funds immediately instead of waiting for the lengthy probate process to end. In fact, some beneficiaries will qualify to access their inheritance funds in just days. Probate advance has developed a fast and easy way for heirs to get their inheritance in just days.

Getting your funds through Probate Advance is not the same as getting a loan. There are no credit checks, no payment plans, no interest, and no out-of-pocket expenses. There are no rules on how you can use your money and best of all, you can get your inheritance in as little as 24 to 48 hours.

Do You Qualify for a Delaware Inheritance Cash Advance?

To find out if you qualify for a Delaware inheritance cash advance, just fill out the form or give us a call. Generally, most heirs or beneficiaries who will receive at least $12,000 will qualify for a probate advance.

You qualify for a Delaware inheritance cash advance if you are an heir or beneficiary to an estate and you expect to receive at least $12,000. Typically, most beneficiaries do qualify for an inheritance funds advance. The best part is, your funds could be available in as little as two days.

What Do You Need for a Probate Advance in Delaware?

What you need for a probate advance in Delaware is just some basic information. Probate Advance will use this information to confirm you are an heir or beneficiary to an estate, and then all that’s left is to tell us how you want to receive your money. Your inheritance funds can be issued in as a check or deposit. It really is as easy and fast as that. We believe that beneficiaries should have access to their inheritance without having to wait months or years for the completion of a legal process.

What Areas of Delaware Qualify for an Inheritance Loan?

We offer inheritance loans in all cities in Delaware, including but not limited to:

  • Wilmington
  • Dover
  • Newark
  • Milford
  • Seaford

To learn more about Delaware probate laws and the rules on inheritances, check out our resources.

Delaware Probate Resources

Delaware Inheritance Tax Laws