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Probate Attorneys

A Mortgage Partner for Probate Attorneys

True Estate Loans provides real estate financing for estates in probate, helping probate attorneys and their clients cover estate expenses, pay off liens, and complete heir buyouts while the estate is being administered.

Probate can take many months, sometimes years, and the estate's bills don't wait. The decedent's mortgage still comes due, property taxes and insurance still need to be paid, and heirs often need liquidity long before distribution. When real property is the estate's main asset, it can tie everything up. We specialize in probate, estate, and trust lending, and we understand how to work within letters of administration, court requirements, and your timeline.

How We Support Probate Practices

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Protect estate property during probate. Financing can bring a delinquent mortgage current or pay it off before default or foreclosure threatens the estate's largest asset.

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Cover estate expenses. Loan proceeds can pay property taxes, insurance, maintenance, creditor claims, and other administration costs.

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Enable heir buyouts. When one heir wants to keep the property, financing allows them to buy out the other heirs instead of forcing a sale.

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Avoid distressed sales. The personal representative isn't pressured to sell quickly or below value just to raise cash.

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Pay off reverse mortgages. We help estates handle reverse mortgages that came due at the borrower's death.

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Finance repairs before sale. Improvements can increase the sale price and the value of the estate for the heirs.

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Finance heirs after distribution. Once property passes to an heir, we can refinance it into their name.

Situations We Handle

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Loans to probate estates, signed by the executor, administrator, or personal representative

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Estates with full or limited authority under applicable state law, including California's Independent Administration of Estates Act (IAEA)

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Heirs purchasing property from the estate or buying out co-heirs

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Delinquent mortgages or pending foreclosures on estate property

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Reverse mortgage payoffs after the borrower's death

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Estates with out-of-state personal representatives or heirs

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Properties in poor condition that conventional lenders decline

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Personal representatives or heirs with limited income documentation

How We Work With Probate Attorneys

1

Referral.

Introduce us to the personal representative or send us the file details. We keep you informed throughout.

2

Authority review.

We review the letters testamentary or letters of administration and the scope of the representative's authority.

3

Court requirements identified early.

We work with you to confirm whether court approval, a notice of proposed action, or other filings are needed before closing, and we plan the timeline around them.

4

Title and escrow coordination.

We coordinate with title so its probate requirements are met without last-minute surprises.

5

Closing and funding.

Proceeds are disbursed as structured: lien payoffs, estate expenses, or payments to heirs.

Why Probate Attorneys Refer to True Estate Loans

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Probate lending is our specialty, not an exception a bank has to escalate

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We understand letters, court authority, and probate title requirements

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We work around the court calendar, not against it

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We don't give legal advice and defer to counsel on all probate matters

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Direct, responsive communication with you and your staff

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Flexible programs for estates and heirs banks won't lend to

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Compassionate service for families during a difficult time

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Licensed in CA, NMLS #1881370

Frequently Asked Questions for Probate Attorneys

Can an estate in probate get a mortgage?

Yes. A personal representative with proper authority can borrow against real property owned by the estate. Depending on the state and the scope of the representative's authority, court approval or notice to interested parties may be required first.

Who signs a loan for a probate estate?

The executor, administrator, or personal representative appointed by the court signs on behalf of the estate, as authorized by their letters testamentary or letters of administration.

Can an heir buy out other heirs during probate?

Yes. An heir can finance the purchase of a property from the estate or buy out co-heirs' interests, allowing them to keep the property while the other heirs receive cash.

What happens if the decedent's mortgage goes unpaid during probate?

The loan remains secured by the property, and missed payments can lead to default and foreclosure. Financing can bring the loan current or pay it off to protect the estate's asset.

Does a probate loan require court approval?

Sometimes. In some states, a personal representative with full independent authority may borrow without prior court approval but must give notice to interested parties. In other cases, a court order is required. The estate's attorney determines what applies.

How is a probate loan different from a trust loan?

A trust loan is signed by a trustee under the authority of the trust document, typically without court involvement. A probate loan is signed by a court-appointed personal representative and may be subject to court oversight, notice requirements, and the estate's letters.

Can you refinance property after probate closes?

Yes. Once the property is distributed to an heir, we can refinance it in the heir's name, including cash-out refinances or buyouts of other heirs.

Partner With Us

If your practice handles estates with real property, we'd welcome the chance to be a resource. We're glad to review a scenario before you bring it to your client, or to meet with your team.

Refer a Client · Schedule an Introduction · Call (714) 408-6286

Contact Us

True Estate Loans is a mortgage lender and does not provide legal or tax advice. NMLS #1881370. Equal Housing Lender/Opportunity.