Can I receive an inheritance advance before the estate is settled, and what are the typical costs and risks? - Pennsylvania
The Short Answer
Sometimes, yes—but it depends on how you mean “advance.” In Pennsylvania, an executor/administrator may be able to make an early (partial) distribution in certain situations, but they take on legal risk if estate debts, taxes, or disputes later surface. Separately, some companies offer “inheritance advances” (cash now in exchange for part of your future inheritance), which can be expensive and can create complications in probate.
What Pennsylvania Law Says
In Pennsylvania probate, beneficiaries generally receive their inheritance after the personal representative identifies assets, pays valid debts/expenses/taxes, and completes the accounting and distribution process. While early distributions can happen, the personal representative must be careful because distributing too soon can expose the estate (and sometimes the personal representative) to later claims.
The Statute
The primary law governing early distributions before an estate is fully settled is 20 Pa.C.S. § 3532.
This statute allows a personal representative, at their own risk, to distribute estate property without first filing/confirming an account—while also setting rules that affect whether later claimants can pursue the personal representative or the distributed property (depending on timing and notice of claims).
Why You Should Speak with an Attorney
Even though Pennsylvania law permits certain “risk distributions,” deciding whether an inheritance advance is safe (and what it should look like) is highly fact-specific. Legal outcomes often depend on:
- Strict Deadlines: Under 20 Pa.C.S. § 3532, creditor-claim timing and notice issues can affect whether a distribution creates liability—so paying out too early can backfire if claims appear later.
- Burden of Proof: If there’s a will contest, unclear beneficiary designation, missing assets, or disputed debts, the “expected inheritance” may change—meaning an advance could exceed what you ultimately receive.
- Exceptions and Hidden Risks: Inheritance “advance” contracts with third-party funding companies can effectively trade away a large portion of your eventual inheritance and may create disputes about assignments, payoffs at distribution, and what happens if the estate pays less than expected.
Typical costs and risks (high-level): Many inheritance-advance companies charge pricing that functions like very high financing costs (often framed as a “purchase” of your inheritance rather than a loan). Risks include receiving far less than your eventual share, pressure to sign broad assignment language, delays if the executor or court questions the arrangement, and complications if the estate is smaller than projected or if there are creditor/tax issues.
If you’re a beneficiary, an attorney can evaluate whether an early distribution is realistic, whether the executor can safely make a partial distribution, and whether an “advance” contract is likely to create probate friction. If you’re the personal representative, counsel is even more important because the statute explicitly contemplates distribution at your risk.
Related reading: Accessing probate records when information is being withheld and what to do after receiving an inheritance check.
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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.