When a loved one passes away, discovering that certain assets weren’t properly transferred into their trust can feel overwhelming. You may be facing the possibility of a lengthy, costly probate process for property your loved one clearly intended to include in their trust plan. A Heggstad petition may allow those assets to be brought into the trust without full probate, saving your family significant time and expense.
At Weiner Law, our attorneys guide families in Los Angeles through the Heggstad petition process with focused, prepared, and relentless advocacy. If you believe assets were mistakenly left out of a trust, we can help you take the right steps forward.
Call 866-273-8652 to schedule a consultation with our Los Angeles team.
What is a Heggstad petition?
A Heggstad petition is a legal filing that asks the court to confirm that certain assets belong in a decedent’s trust, even though those assets were never formally transferred into it. The petition takes its name from the landmark California case Estate of Heggstad (1993) 16 Cal.App.4th 943, in which the court ruled that extrinsic evidence could be used to prove a decedent’s intent to include property in their trust.
The statutory basis for filing this type of trust asset petition in Los Angeles and throughout California is Probate Code Section 850. This section allows interested parties to petition the court to determine whether specific property should be included in a trust. If the court grants the petition, the assets are treated as trust property and distributed according to the trust’s terms rather than going through probate.
Probate in California can take nine months to several years and involves considerable court oversight and expense. A successful Heggstad petition provides a faster, more efficient path for receiving assets to the intended beneficiaries.
When is a Heggstad petition used?
A Heggstad petition is typically needed when someone created a trust and intended to transfer certain assets into it but never completed the formal transfer. This happens more often than most individuals realize. Common situations include:
– Real property left out of the trust: The decedent created a trust and signed a schedule of assets listing a property but never recorded a new deed transferring it into the trust’s name.
– Financial accounts not retitled: Bank accounts, investment accounts, or other financial assets were intended for the trust but remained in the decedent’s individual name.
– Recently acquired assets: The decedent purchased property or opened accounts after creating the trust and didn’t take the additional step of titling them in the trust’s name.
– Errors during estate planning: An attorney or financial advisor may have failed to complete the funding process, leaving assets outside the trust unintentionally.
In each of these situations, the decedent’s intent was clear, but the paperwork wasn’t completed. A Heggstad petition asks the court to look beyond the missing paperwork and honor that intent.
Evidence needed for a successful Heggstad petition
The key to a successful Heggstad petition is to demonstrate that the decedent intended for the assets to be part of the trust. California courts consider several types of evidence, including:
– The trust document itself: If the trust includes a schedule of assets or a pour-over provision listing the property in question, this is strong evidence of intent.
– Written declarations or correspondence: Letters, notes, or emails in which the decedent expressed their intention to include the asset in the trust.
– Instructions to advisors: Evidence that the decedent asked an attorney, financial advisor, or accountant to transfer the asset into the trust.
– Patterns of trust funding: If the decedent consistently transferred similar assets into the trust, this pattern supports the argument that an unfunded asset was an oversight rather than a deliberate choice.
– Testimony from witnesses: Family members, friends, or professionals who can confirm the decedent’s stated intentions.
The stronger your evidence, the more likely the court is to grant the petition. Working with a Heggstad petition lawyer in Los Angeles who understands these evidentiary requirements is important. Incomplete or poorly organized evidence can result in a denied petition, which means the assets would need to go through full probate.
If you’re unsure whether you have sufficient evidence to move forward, contact Weiner Law. We can review what you have and give you an honest assessment. Call 866-273-8652 to schedule a consultation.
The court process for filing a Heggstad petition
Filing a Heggstad petition in Los Angeles involves several steps. Here’s what you can generally expect.
- Gathering evidence: Your attorney collects all documentation supporting the decedent’s intent to include the assets in the trust. This includes reviewing the trust document, asset records, and any written communications.
- Preparing and filing the petition: The petition is filed with the Los Angeles County Superior Court under Probate Code Section 850. It must clearly identify the assets in question and present the evidence supporting the decedent’s intent.
- Providing notice: All interested parties (beneficiaries, heirs, and anyone else with a potential interest in the assets) must receive proper legal notice of the petition.
- Court hearing: A judge reviews the petition and the supporting evidence. If no one objects and the evidence is sufficient, the court can grant the petition relatively quickly. If someone contests the petition, additional proceedings may be necessary.
- Court order: Once granted, the court issues an order confirming that the assets are trust property. They can then be distributed in accordance with the trust’s terms.
The timeline varies depending on the case’s complexity and whether anyone objects. Uncontested Heggstad petitions are often resolved within months, which is significantly faster than full probate.
Benefits of a Heggstad petition compared to probate
There are several important advantages to pursuing a Heggstad petition instead of allowing assets to go through probate:
Faster resolution. Probate in California typically takes 9 to 18 months for straightforward cases, and complex or contested estates can stretch on much longer. A successful Heggstad petition can resolve the issue in a fraction of that time.
Lower costs. Probate involves statutory attorney and personal representative fees based on the gross value of the estate. For a $1 million estate, those combined fees alone can exceed $46,000 under California Probate Code Sections 10800 and 10810. A Heggstad petition generally involves lower legal costs because the process is more streamlined.
Honoring the decedent’s wishes. A Heggstad petition ensures assets are distributed according to the trust’s terms, which is what the decedent intended. Without the petition, those assets could pass through probate and potentially be distributed differently.
Don’t let an administrative oversight force your family through an expensive, drawn-out probate process. Call 866-273-8652 to find out if a Heggstad petition is the right option.
How Weiner Law handles Heggstad petitions in Los Angeles
We understand that dealing with a loved one’s estate is stressful, especially when unexpected legal complications surface. Discovering that assets weren’t properly funded into a trust can feel like one more burden during an already difficult time. You don’t have to navigate this alone.
Our attorneys at Weiner Law approach every Heggstad petition with focused, prepared, and relentless advocacy. We thoroughly review the trust documents and asset records, gather the strongest possible evidence of the decedent’s intent, and present a clear, well-organized petition to the court.
Our Los Angeles office is located at 445 S Figueroa St, Suite 3100, Los Angeles, CA 90071. We serve clients from offices throughout California, with headquarters in San Diego (12626 High Bluff Drive, Suite 440, San Diego, CA, 92130)
Whether you’re a trustee trying to complete a trust administration, a beneficiary concerned about assets that should have been in the trust, or an executor weighing your options, we’re here to help you find the most efficient path forward.
Talk to our Los Angeles Heggstad petition attorneys
If you’re dealing with assets that weren’t properly transferred into a loved one’s trust, a Heggstad petition may be the most efficient way to resolve the situation and avoid full probate. Our attorneys at Weiner Law can evaluate your circumstances, explain your options, and guide you through every step.
Call 866-273-8652 to schedule a consultation. We’ll review the details of your case and help you understand whether a Heggstad petition is right for your family’s situation.
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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