Laguna Beach Heggstad Petition Attorneys
When a loved one's trust didn't hold every asset it was meant to, our practice helps families in Laguna Beach, Orange County and throughout California ask the court to confirm those assets belong to the trust.
What is a Heggstad petition?
A living trust only controls the assets that are actually placed into it, a step often called "funding" the trust. Occasionally a loved one signs a trust but, for various reasons, a home, account or other asset is left in their individual name when they pass away. If you have just been thrust into the role of successor trustee and found an asset like this, you may be wondering whether probate is the only path forward.
In many cases, California Probate Code Section 850 lets you ask the court to confirm that an asset belongs to the trust, without opening a full probate for it. Section 850(a)(2)(C) covers property the decedent held title to at death that is claimed to belong to someone else, such as the trust. These petitions are commonly called Heggstad petitions, after Estate of Heggstad (1993) 16 Cal.App.4th 943. In that case, the Court of Appeal held that the settlor's signed declaration that he held the listed property as trustee was enough to make it trust property, even though no separate deed had been recorded. Every matter is different, and the result depends on the documents and facts involved.
FIND YOURSELF WONDERING, "DO I NEED A HEGGSTAD PETITION?"
A home was never deeded into the trust
A home was deeded out of the trust to refinance and never deeded back
Bank or investment accounts stayed in the decedent's individual name
The asset is listed on the trust's schedule, but title never changed
Property was acquired after the trust was signed
You might be wondering, "Why should I use an attorney for a Heggstad petition?" A petition asks a judge to confirm that your loved one's signed trust documents already made the asset trust property, and the court looks closely at the paperwork. That usually means the signed trust, any schedule of assets, the trust's own transfer language, and supporting records such as deeds, statements and correspondence. Knowing how courts review that evidence, and when other evidence may help, is part of preparing a careful petition.
We review the trust and the title history first, so you can make an informed decision about whether a Heggstad petition, trust administration or probate is the right fit. We can lead your family through this process with compassion to make it as manageable as possible. Knowing the common reasons petitions are denied helps us avoid preventable problems from the start.
“Without proper funding, the assets outside of the trust may need to be probated.”
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WE WILL NAVIGATE THE HEGGSTAD PETITION PROCESS FOR YOU:
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FUNDING GUIDE
Review the trust, its schedules and amendments, and the title history of each asset
Gather the trust documents and records that show the asset was made part of the trust
Draft a petition under Probate Code Section 850 for your specific trust and assets, and file it. There is no Judicial Council or Orange County local form for a Heggstad petition, so we prepare each one ourselves.
Give notice of the hearing at least 30 days in advance, as Probate Code Section 851 requires
Attend the hearing and work with the court on your behalf
Help you use the court's order to update title with the county recorder or the financial institution
Because of the 30-day notice requirement, and the couple of weeks the court usually needs to sign an order once a petition is approved, about 45 days from filing is typically the minimum. Many matters take longer, and timing depends on the court's calendar and on whether anyone objects.
We've got your Heggstad petition covered.
If you feel like a Heggstad petition is potentially in order, we can offer our simple process and approach, along with solutions that prioritize security and peace of mind. Our work can include reviewing the trust and title records, preparing and filing the petition, giving notice to interested persons, working with the court, attending the hearing, and handling probate if it turns out to be necessary.
Dealing with the loss of a loved one is difficult and sometimes overwhelming, and we are here to help at any stage of the process. We'll explain your options in plain English and keep you informed along the way. We offer fixed fees with flexible options, and we work with clients throughout California, including remotely.
If someone objects to the petition, we can also represent you at contested Heggstad hearings.
Successor Trustees
Our help for trustees who have found a home, account or other asset left outside the trust and want to ask the court to confirm it belongs to the trust.
Learn moreBeneficiaries and Families
Our help for beneficiaries and family members who want to understand whether an asset left out of a loved one's trust may pass under the trust instead of through probate.
Learn morePersonal Representatives
Our help for executors and administrators who need to sort out which assets belong to the trust and which, if any, must go through probate.
Learn moreHeggstad petition vs. probate
A full probate is a court-supervised process for the decedent's whole estate. It is public and typically takes 12 to 18 months. A Heggstad petition is narrower: it asks the court about specific assets that the trust already claims, so those assets can be handled with the rest of the trust. Whether a petition is the right fit depends on the trust documents, the assets involved and the people with an interest in them. To read more on costs, see probate fees versus estate planning fees.
A Heggstad petition isn't the only option. Depending on the type and value of the assets, a simplified court procedure or a small estate process may be available, and sometimes full probate is the better path. We'll walk you through the alternatives to probate in California and help you choose the one that fits your family. For more ideas, see our article on other ways to avoid probate.
Have some trust administration questions?
Meet your Orange County, California Heggstad petition lawyers.
Joshua Rogers, Partner
Laguna Beach Heggstad lawyer
Tom Yacko, Of Counsel
Laguna Beach Heggstad lawyer
Matthew Schlau, Partner
Laguna Beach Heggstad lawyer
Heggstad petition FAQs
What is a Heggstad petition?
A Heggstad petition is a petition under California Probate Code Section 850 that asks the court to confirm an asset belongs to a trust, even though it was still in the decedent's name. It is named after Estate of Heggstad (1993) 16 Cal.App.4th 943, where the court accepted the settlor's signed written declaration that he held the property as trustee. For a longer introduction, see What Is a Heggstad Petition?
What is Probate Code section 850?
Section 850 is part of the Probate Code's rules for asking the court to order the conveyance or transfer of property claimed by someone else. Section 850(a)(2)(C) covers property the decedent held title to at death that another person or entity, such as the trust, claims. Heggstad petitions are brought under this section.
What are the requirements for a Heggstad petition?
Each matter turns on its documents and facts. A Heggstad petition generally rests on a written trust document that actually made the asset trust property, such as a signed declaration of trust with a schedule of assets that lists the property. Evidence that your loved one simply wanted or planned to fund the trust is not the same thing. The petition must set out the facts the claim is based on (Probate Code Section 850(b)), and notice of the hearing must be given at least 30 days in advance under Probate Code Section 851.
As for the standard of proof, neither Section 850 nor Estate of Heggstad sets a single standard for every petition.
- Rebutting record title. When the petition asks the court to look past who holds record title, Evidence Code Section 662 presumes the record owner holds full beneficial title, and that presumption can be rebutted only by clear and convincing proof. Carne v. Worthington (2016) 246 Cal.App.4th 548 applied that rule to real property whose record title remained with an earlier trust.
- Oral trusts of personal property. These must be proved by clear and convincing evidence, and the settlor's oral statement alone isn't enough (Probate Code Section 15207).
- Everything else. Otherwise, the default standard is a preponderance of the evidence (Evidence Code Section 115).
We'll review your documents and explain what the court is likely to require in your matter.
Is there a Heggstad petition form?
No. There is no Judicial Council or Orange County local form for a Heggstad petition. We draft each petition ourselves for the specific trust, assets and facts involved, which is also why a sample petition is no substitute for having your documents reviewed. We handle the filing and the notice for you.
How much does a Heggstad petition cost?
Cost depends on factors such as the court's filing fee, the number and type of assets, the amount of evidence needed, and whether anyone objects. We offer fixed fees with flexible options, and we'll discuss your situation and our fees during a complimentary initial consultation.
How long does a Heggstad petition take?
The law requires notice of the hearing at least 30 days in advance (Probate Code Section 851), so the hearing can't take place sooner than that. Beyond that, timing depends on the court's calendar, how quickly the documents and records can be gathered, and whether anyone objects. Because of the 30-day notice period, and the couple of weeks the court usually needs to sign an order once a petition is approved, about 45 days from filing is typically the minimum. Many matters take longer, and we can't promise a particular date.
What happens if a Heggstad petition is denied?
If the court doesn't grant a petition, the next steps depend on the reasons given and the assets involved. In some cases the asset may need to go through probate. We'll review the order with you and explain your options. To read more, see the common reasons Heggstad petitions are denied.
Heggstad petition vs. probate: what's the difference?
Probate is a court-supervised process for the whole estate and typically takes 12 to 18 months. A Heggstad petition asks the court about specific assets that the trust claims, so they can be handled with the rest of the trust. See our probate practice for more.
Who can file a Heggstad petition?
Section 850 allows a petition by the personal representative or by an interested person. In practice, that is usually the successor trustee, and beneficiaries may also have standing. We can help you determine who should bring the petition in your situation.
Can a Heggstad petition be used for bank or investment accounts?
Yes. Heggstad petitions aren't limited to real estate, and they may be used for bank and brokerage accounts left in the decedent's name. Accounts with a named beneficiary are often handled differently, so we'll review each account. See Heggstad petitions for bank accounts and investments.
What if the property wasn't listed on the trust schedule?
A missing listing doesn't always end the inquiry. The court may consider the trust's own transfer language, such as a general assignment of property to the trust, along with supporting records, and whether that is enough depends on the documents. A Heggstad petition rests on what the signed trust documents actually did, not only on what your loved one planned to do. See how courts determine intent and the role of extrinsic evidence.
Is there a deadline to file a Heggstad petition?
File promptly. Sections 850 and 851 don't set their own filing deadline measured from the date of death. Section 851's 30-day rule is about notice of the hearing, not a deadline for filing. That doesn't mean a petition can be filed at any time, though. Generally, the claim underlying a Section 850 petition is subject to the same statute of limitations that would apply to an ordinary civil lawsuit on that claim (Estate of Yool (2007) 151 Cal.App.4th 867, fn. 5). Whether a limitations period applies, and when it started to run, depends on the nature of the claim and when it arose. If you've found an asset left outside a trust, have the documents reviewed promptly.
Do you handle Heggstad petitions outside Orange County?
Yes. Our office is in Laguna Beach, and we handle Heggstad petitions throughout California. We can work with you remotely, wherever the property or the court is located. Schedule a complimentary 15-minute call to get started.
What if someone objects to a Heggstad petition?
An objection may mean more evidence, additional hearings and, in some cases, trust or probate litigation. We represent clients in contested Heggstad matters. We'll explain what an objection could mean for your matter and how extrinsic evidence may be used.
Can you show examples of Heggstad petitions?
Yes. See examples of how Heggstad petitions are used and our article on refinance oversights. Every matter is different, and the result in any case depends on its own documents and facts.
RELATED INSIGHTS
Smarter planning doesn't have to be complicated.
If you have your own living trust, the simplest way to spare your family a Heggstad petition is to make sure your assets are titled in the trust's name. Once your matter is resolved, we can review your own estate plan, check how your accounts and property are titled, and coordinate with other advisors you may have so your trust is ready when your family needs it.
Where can I find a Heggstad petition attorney near me? Get in touch.
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