What Is a Heggstad Petition and How Can It Help Avoid Probate in California?
When a person passes away in California, their estate typically goes through probate unless their assets were properly transferred into a revocable living trust. However, what happens if a person intended to place property in their trust but failed to formally transfer the title before passing? This is where a Heggstad Petition can be a powerful tool to bypass probate and ensure the property is distributed according to the trust’s terms.
In this blog post, we’ll explain what a Heggstad Petition is, who qualifies to file one, and how the process works.
What Is a Heggstad Petition?
A Heggstad Petition (named after the case Estate of Heggstad (1993) 16 Cal.App.4th 943) is a legal motion that allows a successor trustee to transfer real property into a trust without going through probate, even if the title was never formally changed.
The court may approve this petition if there is clear evidence that the deceased intended for the property to be part of the trust, such as:
✔ A signed trust document that lists the property as a trust asset.
✔ A general assignment of assets to the trust.
✔ Other written evidence showing the trustor’s intent to include the property in the trust.
By filing a Heggstad Petition, the trustee can ask the court to confirm that the property legally belongs to the trust, saving time, money, and the hassle of probate.
Who Qualifies to File a Heggstad Petition?
A Heggstad Petition can be filed when:
✔ The deceased person (trustor) created a valid living trust before passing away.
✔ The property was meant to be in the trust but was not formally transferred.
✔ There is clear written evidence (such as the trust schedule) listing the property as a trust asset.
If the petition is approved, the court will issue an order confirming the property as part of the trust, allowing the successor trustee to administer it as intended—without full probate.
Steps to Filing a Heggstad Petition in California
Step 1: Gather Supporting Documents
To file a Heggstad Petition, you will need:
A copy of the trust document showing intent to include the property.
The original property deed (showing the title remained in the decedent’s name).
A trust schedule or assignment of assets listing the property.
A petition explaining why the property should be considered a trust asset.
Step 2: File the Petition with the Probate Court
Submit your Heggstad Petition (Form DE-300 or local equivalent) in the Superior Court of the county where the deceased resided.
Pay the filing fee (varies by county).
Step 3: Notify Interested Parties
California law requires you to serve notice to all beneficiaries and heirs.
Beneficiaries may object if they believe the property should not be included in the trust.
Step 4: Attend the Court Hearing
A probate judge will review the petition and any objections.
If approved, the court will issue an order confirming the property as part of the trust.
Step 5: Transfer Title to the Trustee
Once the court order is obtained, the trustee must record a new deed with the county recorder’s office, officially transferring the property into the trust’s name.
Benefits of a Heggstad Petition
✔ Avoids full probate, saving time and legal fees.
✔ Ensures the trustor’s wishes are honored without unnecessary court delays.
✔ Streamlines property transfers so beneficiaries receive their inheritance sooner.
Do You Need a Heggstad Petition?
If you are a successor trustee and have discovered that real estate or other assets were not properly transferred into a trust, a Heggstad Petition may be the fastest and most cost-effective way to correct the issue.
Our firm has extensive experience handling Heggstad Petitions and trust administration matters in California. Contact us today for a consultation to determine if this legal remedy is right for your situation.
