Confirming Trust Assets after The Grantor Has Passed Away

When a loved one passes away with a revocable living trust in place, the last thing families expect is to face probate court for assets that were clearly meant to stay private and out of probate. Unfortunately, this happens all too often when assets weren't properly "funded" into the trust during the person's lifetime. Real estate, bank accounts, or investments left in the decedent's individual name can trigger a lengthy, expensive, and public probate process.

Key Takeaways

Courts allow parties to avoid probate with demonstrable intent of the grantor
Real-estate, securities and other assets can be confirmed as trust property even without proper titling

ESTATE OF HEGGSTAD

Enter the Heggstad petition — a powerful remedy under California Probate Code §§ 850 and 17200. Named after the 1993 landmark case Estate of Heggstad (16 Cal. App. 4th 943), this type of petition allows the court to confirm that an asset belongs to the trust based on clear evidence of the decedent's intent, even if formal title transfer (like a new deed) never happened.

The court looks for written proof of intent — such as a schedule of assets attached to the trust document listing the property, a general assignment clause in the trust, or other declarations. If satisfied, the judge issues an order transferring the asset directly to the trust, bypassing full probate entirely. This saves months (or years) of delays, reduces court fees (which can reach 4%+ of estate value), and keeps everything private.

Heggstad petitions are especially useful for:

Forgotten real estate deeds after a refinance or oversight.
Investment accounts or business interests listed in trust paperwork but not retitled.
Any asset where the decedent's written intent is evident.

EXPERIENCED HEGGSTAD ATTORNEY

At Schlau Rogers LLP, we specialize in these efficient fixes. Our small-team approach means direct attorney access — no layers of bureaucracy. We offer complimentary initial consultations (including strategy sessions or house calls for convenience), fixed fees with flexible options, and a streamlined virtual platform for secure document handling and updates. We focus on your unique situation to get results quickly and respectfully.

If you're a trustee or beneficiary facing an unfunded trust asset, reach out today. We're here to honor your loved one's wishes and protect their legacy without unnecessary probate headaches. For more information on trusts, you can explore our estate planning practice and check our Resources for further discussion in this regard or schedule a strategy session today. Keep planning smarter.

Matthew Schlau is a co-founding principal of Schlau|Rogers and an estate and business planning lawyer practicing in Orange, San Diego, Los Angeles and Riverside counties. He is a husband, father, blogger, crossfitter, and really good at helping people achieve their goals.

At Schlau|Rogers, we do more than just estate and business planning, probate and trust administration. Our objective is to provide individually-tailored plans that allow you the opportunity to reach your goals, all while minimizing headaches and risk, and maximizing peace of mind.

On our blog, you'll find useful information about estate and business planning, probate and trust administration, as well as some tidbits on personal finance, taxes, and anything else we think will help minimize headaches, worry and risk, all while maximizing peace of mind.

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