While an executor cannot stop you from entering a private contract, they can refuse to cooperate by:
- Declining to provide estate documents to the funder.
- Refusing to sign the assignment acknowledgment.
- Challenging the advance in probate court.
If this happens, most funding companies will withdraw to avoid a prolonged legal battle. The practical workaround is transparency: loop the executor into conversations early, provide the advance agreement for review, and remind them that the arrangement does not diminish other heirs’ shares or slow the probate timeline.
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