Heggstad Petition in California: What It Is and When You Need One

A Heggstad petition is a very powerful tool in trust and estate administration. This allows families to avoid probate if a particular asset was meant to be in a living trust, but was never transferred to it because the trust creator passed away. The Heggstad petition asks the court to confirm that the asset is part of the trust, rather than it going through probate. This can save thousands in costs, months in court, and significant stress for the family.

At Filippi Law Firm, P.C., our California estate planning attorneys are ready to help. We can help you file a Heggstad petition and with any other estate planning needs. 

What Is a Heggstad Petition?

A Heggstad petition comes from the 1993 California case, where the court ruled that a trust schedule listing a property was enough evidence to show the settlor intended that property to be part of the trust, even though the deed was never formally transferred. This ruling created a streamlined process for trustees to request court confirmation that an asset belongs to the trust.

In practical terms, a Heggstad petition is a shortcut. Instead of opening a full probate proceeding to transfer an asset into the trust, the trustee files a petition asking the court to:

• Confirm the asset was intended to be trust property
• Order that the asset is legally part of the trust
• Allow the trustee to administer or distribute the asset without probate

This process is especially valuable when the trust is otherwise fully funded and only one or two assets were mistakenly left out.

Why Assets Get Left Out of a Trust

Even well-drafted estate plans can have funding gaps. Common reasons include:

• The settlor created a trust but never transferred title to real estate.
• A refinance removed the trust from the deed and it was never added back.
• Newly acquired assets were never retitled into the trust.
• Financial institutions failed to process trust paperwork correctly.
• The settlor believed listing the asset in the trust schedule was enough.

Because California trusts rely on proper funding, even a single missed asset, especially real estate, can trigger probate unless a Heggstad petition is used.

When You Need a Heggstad Petition

A Heggstad petition is appropriate when:

• The settlor clearly intended to include the asset in the trust.
• The trust document or schedule lists the asset.
• There is written evidence of intent, even if title was never transferred.
• The asset is not held in joint tenancy or subject to a conflicting beneficiary designation.

The petition is most commonly used for:

• Real estate not formally deeded into the trust
• Bank accounts that were never retitled
• Business interests missing trust assignment documents
• Investment accounts opened in the settlor’s name instead of the trust

What the Trustee Must Prove

The trustee must show the court that the settlor intended the asset to be trust property. Evidence may include:

• The trust schedule of assets
• A general assignment of property to the trust
• Correspondence or estate-planning notes
• Deeds or account statements referencing the trust
• Declarations from the drafting attorney

The stronger the documentation, the more likely the court will grant the petition.

How the Heggstad Petition Process Works

While faster than probate, a Heggstad petition still requires formal court involvement. The process generally includes:

1. Preparing the petition under Probate Code §850, including supporting declarations and exhibits.
2. Filing with the probate court in the county where the settlor lived.
3. Serving notice on all beneficiaries and interested parties.
4. Attending a hearing, where the judge reviews the evidence.
5. Receiving a court order confirming the asset as trust property.

Most uncontested petitions take two to four months, significantly shorter than a full probate case, which often lasts 12–18 months.

Think You Need a Heggstad Petition? We Are Here to Help

A Heggstad petition can make a big difference in how you address an estate after someone passes away. Trustees can work with an estate planning lawyer to file the petition correctly and seek the best possible outcome. 

Let the dedicated estate planning attorneys at Filippi Law Firm, P.C. review your case. Contact us today for a consultation.