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. Hopefully avoiding an expensive formal probate.
This issue commonly arises when someone:
• created a revocable living trust;
• intended assets to belong to the trust; but
• failed to complete title transfers before death.
For families in San Jose and throughout Santa Clara County, Heggstad petitions can sometimes provide an alternative to formal probate proceedings.
Why Heggstad Petitions Matter
Many families discover after a loved one’s 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 administration.
A successful Heggstad petition can sometimes avoid that result.
Common Situations
Heggstad petitions often involve:
• residences;
• rental properties;
• brokerage accounts; and
• other high-value assets.
These cases are particularly common when an estate plan was created years earlier but trust funding was never fully completed.
For a discussion of trust funding, see Why Funding Your Trust Is Just as Important as Signing It.
What Courts Look At
California courts typically evaluate:
• the trust document;
• schedules of assets attached to the trust;
• written evidence of intent; and
• other documentation showing that the decedent intended the property to belong to the trust.
Each case depends heavily on the specific facts and available evidence.
Can a Heggstad Petition Avoid Probate?
In many situations, yes.
A successful petition may allow the asset to pass through trust administration rather than formal probate.
This can potentially save:
• time;
• legal fees; and
• court involvement.
For an overview of probate administration, see How Probate Works in California.
What Happens If the Petition Is Not Available?
Not every trust funding problem can be resolved through a Heggstad petition.
In some circumstances, probate proceedings may still be required.
The outcome depends on the trust language, the asset involved, the available documentation, and the surrounding facts.
When Families Should Seek Guidance
Families often seek assistance when:
• title problems are discovered after death;
• real estate was omitted from the trust;
• financial institutions refuse to recognize trust ownership; or
• questions arise regarding ownership of trust assets.
Early evaluation is important because the available options often depend on:
• the type of asset involved;
• title history; and
• the language of the trust documents.
The Importance of Proper Trust Funding
Many Heggstad petitions arise because a trust was created but never fully funded.
For this reason, reviewing asset ownership and ensuring that deeds, account titles, and other ownership records are consistent with the estate plan is often just as important as signing the trust itself.
Proper trust funding can help reduce the likelihood of future administration problems and provide greater certainty for loved ones after death.
Related Articles
Families dealing with trust administration and probate issues may also find these articles helpful:
• Why Funding Your Trust Is Just as Important as Signing It
• How Probate Works in California
• What Assets Avoid Probate in California?
• Can I Transfer My Home Into a Revocable Living Trust?
• Do I Need a Trust or a Will in California?
• What Happens to a Mortgage in a Trust?
About the Author
Adam T. Evan is a California estate planning attorney serving individuals and families throughout San Jose, Santa Clara County, and Silicon Valley. His practice focuses on estate planning, probate, trust administration, and guardianships. He helps clients create practical estate plans, guide families through probate proceedings, and assist trustees with trust administration after the death of a loved one.
To schedule a consultation, contact the Law Office of Adam T. Evan at (408) 515-9005.
Law Office of Adam T. Evan 