Updated on September 25, 2025

When a person passes away, their estate often goes through probate—a time-consuming and expensive legal process. However, in California, a legal tool known as a Heggstad Petition can help avoid probate when certain assets were intended to be part of a trust but were never formally transferred.

This petition can save heirs and beneficiaries considerable time, effort, and money while ensuring that the deceased’s wishes are honored. This article explores what the Heggstad Petition is, when and how to use it, its costs, and how it compares to the traditional probate process.

Key Takeaways

• A Heggstad Petition helps avoid probate when assets were intended for a trust but not formally transferred.
• Filed under California Probate Code §850, it confirms real estate or other property as part of the trust.
• Common use cases include trust-owned property missing from title documents at the time of death.
• Required documents include the trust, asset schedules, property deeds, and affidavits showing clear intent.
• Filing is faster and cheaper than probate, typically taking 2–4 months vs. 9–18 months for full probate.

What is a Heggstad Petition? (California Probate Code 850)

A Heggstad Petition is a legal filing under California Probate Code Section 850 that allows a court to confirm that an asset—typically real estate—was intended to be part of a trust, even if it was never formally transferred into the trust before the trustor’s death.

This petition stems from the California case Estate of Heggstad (1993), which established that a written intent to place an asset into a trust, even without formal retitling, may be sufficient to include it in the trust.

When Should You File a Heggstad Petition Instead of Going Through Probate?

A Heggstad Petition is typically filed when a person creates a living trust but fails to formally transfer real estate or other assets into the trust before their death. Often, the deceased signed a schedule of assets listing the property as belonging to the trust, but then failed to transfer title.

The petition is used when the trustee or beneficiaries want to avoid the lengthy and costly probate process, especially when there is a clear intent that the property was meant to be in the trust. Without this petition, the omitted asset could be subject to probate, delaying distribution and increasing legal costs.

What Documents and Costs Are Involved in Filing a Heggstad Petition in California?

To file a Heggstad Petition, the following documents are generally required:

1. Petition for Order Determining Trust Property – A legal document requesting the court to confirm that the asset should be part of the trust.
2. Copy of the Trust – Proof of the trust’s existence and the intent to include the asset.
3. Schedule of Assets – A document (if available) listing the omitted asset as part of the trust.
4. Title Documents – Property deed or ownership documents showing the asset’s status.
5. Supporting Affidavits – Declarations from relevant parties confirming the deceased’s intent.
6. Filing Fee – Approximately $435–$650, depending on the county.
7. Attorney Fees – Legal fees can range widely depending on complexity of the task, market rates and lawyer experience. Contact us to inquire further and for a more specific quote with our firm.

How Do You File a Heggstad Petition Step-by-Step in California?

Filing a Heggstad Petition involves several steps.

• First, consulting a probate attorney is highly recommended to ensure the petition is properly prepared.
• The next step is preparing and filing the petition with the appropriate California Superior Court, which includes submitting all supporting documents.
• Once the petition is filed, interested parties such as beneficiaries and heirs must be formally notified.
• After notification, a court hearing is scheduled where the probate judge reviews the petition and supporting evidence.
• If no one comes forward with objections, the judge may approve the request.
• Once granted, the court issues an order legally confirming that the asset is part of the trust, allowing for its proper distribution.
• The entire process generally takes two to four months, depending on court availability and whether there are any objections. Of course, every court is different and certain court systems because they are busy (like Los Angeles) may take longer.

What Happens to Property That’s Not in a Trust and No Heggstad Petition Is Filed?

If a Heggstad Petition is not an option, or if the court denies it, the asset must go through probate. The probate process involves filing a petition to open probate and appoint an executor or administrator.

Once appointed, the executor must notify creditors and beneficiaries of the probate proceedings. The estate’s assets then undergo an inventory and appraisal process to determine their value.

Throughout the probate process, court hearings may be required, particularly if there are disputes among heirs. Once debts, taxes, and expenses are paid, the court oversees the final distribution of assets to beneficiaries.

This process can be significantly more time-consuming and costly than a Heggstad Petition, often taking 9-18 months to complete. The cost of probate in California varies but typically includes:

• Attorney Fees – in many cases they are statutory
• Court Costs & Filing Fees
• Executor Fees

Why Is It Important to Avoid Legal Limbo When Estate Planning?

One of the biggest mistakes in estate planning is failing to properly transfer assets into a trust after you create the trust. Without proper funding of a trust, heirs and beneficiaries can face unnecessary delays, costs, and disputes.

Tools like Heggstad Petitions, along with living trusts, beneficiary designations, and other estate planning mechanisms, can help ensure a seamless transition of assets.

By proactively working with an estate attorney, families can avoid probate headaches and secure their financial future. Our real estate attorneys at Schorr Law are experienced in dealing with real estate issues that arise out of probate and trust controversies.

Are you looking for a probate attorney in Los Angeles, CA? We have experienced real estate attorneys in California. Contact Us by calling at 310-954-1877 or click here to schedule a consult.

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