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Irrevocable Trust Loans

What Is an Irrevocable Trust Loan?

An irrevocable trust loan is financing made directly to a trust - rather than to an individual - allowing a trustee or beneficiary to access funds secured by real property the trust holds. These loans are commonly used to buy out co-beneficiaries, cover estate expenses, pay off existing liens, or provide liquidity while trust assets are illiquid or tied up in real estate.

How It Works

1

The trust is the borrower of record.

The property held in trust serves as collateral for the loan.

2

The trustee applies and signs for the loan.

The trustee, acting on behalf of the beneficiaries, applies and signs for the loan under the authority granted in the trust document.

3

Funds are disbursed.

Loan proceeds may be used for beneficiary buyouts, debt payoff, property repairs, or estate-related expenses.

4

Repayment or refinance occurs.

Repayment or refinance typically occurs once the trust is settled or the property transfers to an individual beneficiary’s name.

Who Uses an Irrevocable Trust Loan?

✓Trustees needing liquidity without selling trust-held real estate.
✓Beneficiaries who want to retain inherited property but must pay out other beneficiaries.
✓Families resolving disputes over trust assets where cash, rather than the property itself, can help resolve the conflict.
✓Trusts holding property with existing liens that must be cleared before distribution.

Irrevocable Trust Loan FAQ

Answers to common questions about financing for irrevocable trusts.

Can a trust get a loan if the grantor has passed away?

Yes - this is one of the common uses of an irrevocable trust loan. Once the trust becomes irrevocable upon the grantor’s death, the successor trustee can typically borrow against trust-held property to help settle the estate, subject to the trust terms, lender requirements, and applicable law.

Does the beneficiary need good personal credit?

Many trust loan programs underwrite primarily against the property and the trust’s equity position, placing less emphasis on an individual beneficiary’s personal credit profile than a conventional mortgage would. Requirements vary by lender and transaction.

How is this different from a probate loan?

A trust loan is made to a trust holding title outside of probate, while a probate loan is typically made to heirs or the estate while the property is still moving through the probate court process.

What can the loan proceeds be used for?

Common uses include beneficiary buyouts, paying off the decedent’s existing mortgage, covering property taxes or repairs, and funding estate administration costs. Permitted uses depend on the loan program, trust documents, lender requirements, and the specific transaction.

Important Information

Trust loan eligibility, terms, and permitted uses depend on the trust documents, property, borrower structure, lender requirements, and applicable law. Borrowers and trustees should consult their attorney and/or qualified professional regarding their individual circumstances.