What Is a Heggstad Petition?

A Heggstad petition is a California court procedure that may allow property to be confirmed as trust property even if it was never formally transferred into the trust during life.

This issue commonly arises when someone:

• created a living trust,
• intended assets to belong to the trust,
• but failed to complete title transfers before death.

---

Why Heggstad Petitions Matter

Many families discover after a death that:

• a home was never deeded into the trust,
• bank accounts remained outside the trust,
• or title paperwork was incomplete.

Without correction, those assets may require probate.

A successful Heggstad petition can sometimes avoid that result.

---

Common Situations

Heggstad petitions often involve:

• homes,
• rental properties,
• brokerage accounts,
• and other high-value assets.

These cases are especially common with older estate plans where trust funding was never fully completed.

---

What Courts Look At

California courts typically evaluate:

• the trust document,
• schedules of assets,
• written intent,
• and supporting evidence showing the decedent intended the property to belong to the trust.

Each case depends heavily on the specific facts and documentation.

---

Can a Heggstad Petition Avoid Probate?

In many cases, yes.

A successful petition may allow the asset to pass through trust administration rather than formal probate.

This can save:

• time,
• legal fees,
• and court involvement.

---

When Families Should Seek Guidance

Families often seek help when:

• title problems are discovered after death,
• real estate was omitted from the trust,
• or institutions refuse to recognize trust ownership.

Early evaluation is important because strategy depends on:

• asset type,
• title history,
• and trust language.