Discovering that a loved one’s assets weren’t properly transferred into their trust can feel overwhelming. You might wonder whether the entire estate now has to go through probate, a process that can take months, cost thousands of dollars, and delay distributions to beneficiaries. The good news is that California law provides an alternative. A Heggstad petition may allow the court to confirm those assets as part of the trust, bypassing probate entirely.
Our attorneys at Weiner Law guide families through Heggstad petitions with focused, prepared, and relentless advocacy. If you’re dealing with unfunded trust assets in San Diego, we’re here to help. Call 866-273-8652 to schedule a consultation.
What is a Heggstad petition?
A Heggstad petition is a legal filing that asks the court to confirm that certain assets belong to a trust, even though they were never formally re-titled or transferred into the trust during the trustor’s lifetime.
The petition receives its name from the 1993 California Court of Appeals case Estate of Heggstad (16 Cal.App.4th 943). In that case, the court held that a trust’s schedule of assets, combined with the trustor’s clear intent to include those assets in the trust, was enough to confirm them as trust property. The trustor didn’t need to have formally re-titled each asset during their lifetime.
Heggstad petitions are filed under California Probate Code §850, which gives the court authority to determine whether property belongs to a trust. When successful, these petitions allow assets to pass through trust administration rather than requiring a separate probate proceeding.
When is a Heggstad petition needed?
A Heggstad petition is typically needed when someone created a trust but didn’t complete the process of transferring all their assets into it. This happens more often than you might think. Common situations include:
– Real property that was never re-titled: Property that remained in the trustor’s individual name rather than being transferred to the trust.
– Bank accounts or investment accounts: Accounts that remained in the trustor’s individual name instead of being properly funded into the trust.
– Assets acquired after the trust was created: New property that was never transferred in despite the trustor’s intent to include it.
– Personal property: Items referenced in the trust schedule but not formally assigned to the trust.
In many cases, individuals create a comprehensive estate plan with an attorney but don’t follow through on the critical step of funding the trust. They may not have understood the importance of re-titling assets, or they may have simply forgotten to transfer newly acquired property over the years.
Without a Heggstad petition, these unfunded assets would typically need to go through probate, even though the trustor clearly intended for them to be part of the trust. That’s exactly what a Heggstad petition is designed to prevent.
What evidence does the court require?
To grant a Heggstad petition, the court needs clear evidence that the trustor intended for the assets to be held in the trust. The stronger your evidence, the more likely the petition will succeed. Key evidence includes:
The trust document itself. The court will review the trust’s terms, particularly any pour-over provisions or schedules listing assets the trustor intended to include.
A schedule of assets. If the trust includes an attached schedule that references the specific assets in question, it is often the strongest evidence. This type of documentation was central to the original Heggstad case.
Written declarations of intent. Letters, notes, or other written statements from the trustor that express their intent to include certain assets in the trust may support the petition.
Circumstantial evidence. The court may also consider the trustor’s overall estate plan, conversations with their attorney, and other circumstances that demonstrate intent.
A knowledgeable probate attorney can evaluate your situation and determine whether the available evidence supports a strong Heggstad petition. Not every case will qualify, and understanding the strength of your evidence before filing can save time and money.
How the Heggstad petition process works
Filing a Heggstad petition involves several steps. The process typically includes:
- Evaluate the situation. Your attorney reviews the trust documents, the assets in question, and the available evidence of the trustor’s intent.
- Prepare and file the petition. The petition is filed with the San Diego County Superior Court under Probate Code §850. It identifies the specific assets and presents the legal and factual basis for confirming them as trust property.
- Provide notice. All interested parties, including beneficiaries and potential heirs, must receive notice of the petition. This is a legal requirement that ensures everyone with a potential interest has the opportunity to respond.
- Court hearing. The court reviews the petition, the supporting evidence, and any objections. If the court is satisfied that the trustor intended for the assets to be part of the trust, it issues an order confirming the transfer.
- Asset transfer. Once the court grants the petition, the assets are confirmed as trust property and can be administered in accordance with the trust’s terms.
In straightforward cases, this process can be completed in a matter of weeks rather than the months or years that probate can take.
If you have questions about how this process applies to your situation, call 866-273-8652 to speak with one of our attorneys.
Benefits of a Heggstad petition vs. probate
When assets aren’t properly funded into a trust, families often assume probate is the only path forward. A successful Heggstad petition offers significant advantages:
Faster resolution. Probate in California typically takes 9 to 12 months for simple estates and can stretch to several years for complex ones. A Heggstad petition can often be resolved in a fraction of that time.
Lower costs. California probate fees are set by statute and can be substantial. For example, statutory fees on a $1M estate total approximately $46K (split between the attorney and executor). A Heggstad petition generally costs significantly less.
Honoring the trustor’s wishes. If someone created a trust, they clearly intended to avoid probate. A Heggstad petition carries out that intent, even when the funding process wasn’t completed.
How Weiner Law handles Heggstad petitions
Navigating a Heggstad petition requires a thorough understanding of California probate law and careful attention to evidence and procedure. Our attorneys at Weiner Law have extensive experience guiding clients through this process in San Diego County and throughout Southern California.
We take the time to evaluate your situation, gather the necessary evidence, and present a compelling case to the court. If there are potential challenges, such as missing documentation or parties who may object, we identify those issues early and develop a strategy to address them.
Our approach is straightforward: focused, prepared, and relentless advocacy for every client we represent. Whether your Heggstad petition is simple or involves complicating factors, we’re here to guide you through it.
With headquarters in San Diego (12626 High Bluff Drive, Suite 440, San Diego, CA, 92130), we serve clients from offices throughout California.
Call 866-273-8652 to schedule a consultation.
Frequently asked questions about Heggstad petitions
Can any asset be transferred into a trust through a Heggstad petition?
Not necessarily. The court must be satisfied that the trustor intended for the specific asset to be part of the trust. Assets referenced in a trust schedule or pour-over provision are the strongest candidates. Your attorney can help determine whether your situation qualifies.
What if someone objects to the petition?
Interested parties have the right to file an objection. If that happens, the court will consider both sides before making a decision. Having experienced legal representation is important in contested situations to protect your interests.
How long does a Heggstad petition take?
In uncontested cases, the process can take as little as a few weeks or as long as a couple of months. Contested petitions take longer depending on the complexity of the dispute and the court’s calendar.
Is a Heggstad petition expensive?
The cost varies with the complexity of the case, but it’s typically far less expensive than going through a full probate. Contact us to discuss your specific situation and what to expect.
Do I need an attorney for a Heggstad petition?
While there’s no legal requirement to hire an attorney, Heggstad petitions involve specific legal standards and procedural requirements. Working with an attorney who has experience in California probate law can significantly improve your chances of a successful outcome.
Schedule a consultation with our San Diego Heggstad petition attorneys
If your loved one’s trust wasn’t fully funded, you don’t have to accept that probate is the only option. A Heggstad petition may allow you to keep those assets in the trust, saving your family time, money, and stress.
Our attorneys at Weiner Law are ready to evaluate your situation and guide you through the process. With headquarters in San Diego (12626 High Bluff Drive, Suite 440, San Diego, CA, 92130), we serve clients from offices throughout California.
Call 866-273-8652 today to schedule a consultation. We’ll review your case, explain your options, and help you determine the right path forward.
If you’re facing a legal matter involving trusts, probate, estate planning, or litigation, our team is here to help. With offices in San Diego and Los Angeles, Weiner Law serves clients throughout Southern California and beyond. Contact us today to schedule a consultation and learn how we can put our experience to work for you.
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