A Look at Real-World Heggstad Case Studies
Real-world examples bring the power of Heggstad petitions (under California Probate Code § 850) into sharp focus. These cases — drawn from landmark precedents and common scenarios handled by California probate attorneys — show how trustees and beneficiaries can quickly confirm unfunded assets belong in the trust, avoiding lengthy and costly probate. Each illustrates the importance of "clear and convincing" evidence of the settlor's intent, often through a Schedule of Assets, general assignment clauses, or supporting documents.
Key Takeaways
Courts focus on the trustor’s intent in determining trust assets
Navigating procedure, code and case law can be complex, and it's important to have an experienced Heggstad attorney
CASE 1: THE CLASSIC HEGGSTAD SCENARIO – REAL PROPERTY LISTED BUT NEVER DEEDED
In the foundational Estate of Heggstad (1993) 16 Cal. App. 4th 943, the decedent created a revocable living trust naming himself as trustee and his son as successor. He attached a Schedule A listing several properties, including his undivided interest in specific real property. Despite listing it, he never recorded a deed transferring title to himself as trustee. After his death, the successor trustee petitioned the court to confirm the property as a trust asset. The probate court agreed, and the Court of Appeal affirmed: The settlor's written declaration in the trust document (combined with the schedule) sufficiently proved intent to create a trust over the property. No separate deed was required.
Outcome: The property bypassed probate entirely, preserving privacy and avoiding statutory fees. This case established the precedent still relied on today.
CASE 2: REFINANCE OVERSIGHT – FAMILY HOME REMOVED AND NOT RE-TITLED
A common real-life situation: In a 2021 Contra Costa County case (anonymized example from probate practice), a successor trustee discovered the family home had been deeded out of the trust years earlier for a reverse mortgage but never re-deeded back after the loan closed. The original trust included a Schedule A explicitly listing the home's address, plus a general assignment clause covering all real property. The trustee filed a Heggstad petition with supporting evidence (trust documents, title history, and declarations). The court found the intent clear and convincing, issuing an order transferring title to the trust.
Outcome: The family avoided full probate (which could have taken 12+ months and cost thousands in fees), allowing quick distribution per the trust terms. This highlights how refinance mistakes — frequent in California — are fixable with strong documentation.
CASE 3: INVESTMENT ACCOUNTS AND SECURITIES – BROAD ASSIGNMENT CLAUSE SAVES THE DAY
In scenarios similar to Kucker v. Kucker (2011) 192 Cal. App. 4th 90 (and echoed in many uncontested filings), a decedent's brokerage accounts were listed generally under a trust's "all stock and securities" clause but never formally retitled. After death, beneficiaries petitioned under § 850, attaching the trust, assignment language, and account statements showing the decedent's ownership. No specific Schedule A entry existed for each account, but the broad clause — combined with extrinsic evidence like tax records — met the standard.
Outcome: The court confirmed the accounts as trust property, enabling seamless transfer without probate delays or public disclosure. This case type succeeds often when the trust uses comprehensive assignment language.
CASE 4: EXPEDITED EX PARTE RELIEF – PREVENTING FORECLOSURE OR SALE LOSS
In urgent matters (e.g., in anonymized examples in Los Angeles or Orange County in 2025), a trustee faced an impending foreclosure on a home intended for the trust, but left in the decedent's name due to oversight. The petition included a clear Schedule A, trust excerpts, and an emergency declaration. The court granted ex parte (emergency) relief within days (sometimes 72 hours), halting the sale through Heggstad case law and emergency procedures restraining the irreparable harm that would have occurred had the sale gone through.
Outcome: The property stayed protected, and full trust administration proceeded privately. These fast-tracked petitions demonstrate the tool's flexibility in high-stakes situations.
CASE 5: MULTI-ASSET PORTFOLIO – COMBINING EVIDENCE FOR COMPREHENSIVE FIX
A blended example from various counties: A decedent's trust listed real estate on Schedule A, included a general assignment for personal property, and had attorney notes confirming intent for investment accounts (work product protection belongs to the attorney, so their approval was required). Beneficiaries petitioned to cover a home, stocks, and bank funds. Despite minor gaps, layered evidence (schedules + notes + historical records) convinced the court the assets in question belonged to the trust.
Outcome: All assets transferred without probate, saving the family significant time (months vs. years) and expense (avoiding 4–7% statutory fees).
EXPERIENCED HEGGSTAD ATTORNEY
These successes underscore a pattern: Strong, written evidence of intent — ideally from the trust itself — leads to approval, often uncontested and resolved in weeks to months. Courts prioritize honoring the settlor's wishes when proof is solid. The best defense against these problems is a trust. For more information on trusts, you can explore our estate planning practice and Resources.
When Heggstad petitions are needed, Schlau Rogers LLP has guided clients through similar cases and strategies that maximize success. Our small-firm advantages include direct attorney access (email, text, or call), complimentary initial consultations (with strategy sessions or house calls for convenience), fixed fees with flexible options, and secure virtual tools for efficient document review and updates. We focus on building compelling evidence from day one to deliver real results while minimizing stress.
Inspired by these real-life wins? If your loved one's trust has unfunded assets, don't assume probate is the only path. Contact us today for a no-obligation consultation. We're here to help protect and preserve your family's legacy, smarter and more personally. 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.
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