Gain insights into Heggstad petitions in San Diego. This key guide explains the probate code § 850 and offers trustees and beneficiaries a streamlined way to confirm that assets left out of a trust were still intended to be included. This process avoids the delays of full probate while ensuring a decedent's intent is honored. Learn how this petition works and why it is a vital tool in California trust administration.
A Heggstad petition in San Diego under Probate Code § 850 is an asset‑specific court proceeding to confirm that particular property was intended to be trust property and to effect title transfer for those identified assets; relief is limited to the assets named in the petition and does not resolve unrelated probate matters. However, it does not eliminate probate requirements for other estate matters or where the petition is contested or debts require administration.
This guide illuminates how Probate Code § 850 empowers trustees and beneficiaries to honor a decedent's original trust-funding intentions, details when and how to initiate this process, contrasts it with traditional probate, and is provided for general informational purposes only—not legal advice; consult a California probate attorney for guidance. You'll discover:
- The essence of a Heggstad petition, its legal underpinnings, and key case law
- Crucial scenarios and the evidence needed to file in San Diego
- A clear, step-by-step approach to preparing, filing, and finalizing your petition
- The advantages, expenses, typical timeframe, and specific local court practices
- Alternative strategies for avoiding probate and practical advice
What Exactly Is a Heggstad Petition in San Diego and Why Is It Vital in California?
A Heggstad petition is a specific application under Probate Code § 850 designed to confirm a decedent's intent that certain assets should be part of their revocable living trust. This allows for their direct transfer into the trust, circumventing formal probate. This mechanism is particularly useful for administrative oversights, such as assets remaining in a decedent's individual name, ensuring that the actual distribution of assets aligns with the trustor's original wishes.
Recognized throughout California, its strategic use in San Diego can safeguard beneficiaries' interests and accelerate estate settlement; while underlying trust documents generally remain private, the § 850 petition and any resulting court order are filed in probate court and become public records. Let's delve into the statutory meaning and historical context of this petition.
What Does a Heggstad Petition Mean Under California Probate Code § 850?
Under Probate Code § 850, a trustee or any interested person may petition the court to determine that specific property belongs to a trust rather than the probate estate; such a determination can transfer title or possession to the trustee for administration under the trust if the court finds sufficient evidence of the decedent's intent.
The core requirement is demonstrating that the decedent clearly intended—through trust documents, schedules, or other supporting evidence—to transfer that property into the trust. By leveraging probate co§ 850, involved parties can sidestep lengthy probate procedures, secure updated titles, and fulfill the settlor's directives.
Heggstad Petition in San Diego Probate Code § 850
California Probate Code § 850: Petitions for Orders Affecting Property Title
California Probate Code § 850 provides a legal framework for interested parties, such as trustees or beneficiaries, to request a court order confirming that specific real or personal property belongs to a trust or estate. This section is frequently invoked in Heggstad petitions to address situations where assets intended for a trust were not formally transferred, enabling their direct transfer to the trust without the need for full probate.
Why Is It Called a Heggstad Petition?
The term "Heggstad Petition" comes from the California Court of Appeal case Estate of Heggstad (1993) 16 Cal. App. 4th 943 (See the case summary below). This landmark ruling created the foundation for today's Heggstad Petitions: a streamlined process under Probate Code § 850 that allows courts to confirm trust ownership of assets based on documented intent, even when title was never formally changed during life.
Case Summary: Estate of Heggstad (1993) 16 Cal. App. 4th 943
The Estate of Heggstad case is the foundation for what is now known as a "Heggstad Petition." In this 1993 California Court of Appeal decision, a man had created a living trust and attached a schedule of assets that listed his real property. However, he never formally recorded a deed transferring the property into the trust before his death.
When the issue reached the court, the heirs disputed whether the property was trust-owned or had to go through probate. The Court of Appeal ruled that the signed trust instrument and its schedule of assets were sufficient written evidence of the settlor's intent to fund the trust. Because the settlor had declared ownership as both trustee and trustor, no additional deed was required.
This decision established that courts may confirm trust ownership of assets when there is clear written evidence of intent, even if title was never formally changed during the settlor's lifetime. It remains the legal precedent for Probate Code § 850 petitions across California.
Why the Heggstad Case Still Matters Today
The Estate of Heggstad decision remains the cornerstone of modern Heggstad Petitions. San Diego probate judges and courts statewide continue to rely on this precedent when deciding whether omitted assets belong in a trust. Without this ruling, families would often face lengthy and expensive probate whenever assets were left out. Thanks to Heggstad, trustees now have a streamlined legal pathway to honor a decedent's documented intent and keep estates out of full probate.
Assets Eligible for Transfer Via a Heggstad Petition
A Heggstad petition can be used for a variety of assets that were unintentionally left out of a trust, including:
- Real estate, including individual parcels and condominium units
- Bank and brokerage accounts held solely in the decedent's name
- Tangible personal property, such as vehicles, art, and collectibles
- Business interests, including partnership or membership stakes
By filing a petition, trustees can ensure these assets are properly titled under the trust, simplifying administration and avoiding the need for probate court inventory.
When Is the Right Time to File a Heggstad Petition in San Diego?
Timing is critical to fully leverage the benefits of Probate Code 850 and minimize potential conflicts. Trustees or beneficiaries in San Diego should consider filing a petition when omissions threaten the trust's funding, but should confirm local practice, assess creditor exposure, and consult counsel before filing.
Common Scenarios Warranting a Heggstad Petition in San Diego
Trust administrators frequently file under these circumstances:
- Assets listed on the trust schedule were not retitled prior to the settlor's death.
- The property was removed from a trust for reasons such as refinancing or sale and was not subsequently retitled back into the trust.
- New investments or real estate acquisitions were not formally added to the trust.
- A pour-over will may exist, but petitioners often seek a § 850 order to avoid full probate only for the omitted assets rather than to replace probate for the entire estate.
These oversights can leave significant assets vulnerable to the probate estate unless addressed through a Heggstad petition.
How Does Proof of the Decedent's Intent Impact the Filing?
The success of a petition hinges on clear, compelling evidence that the trustor intended the omitted property to be part of the trust. Key evidence includes:
- The executed trust instrument and any subsequent amendments
- A trust "schedule of assets" that lists the property in question
- Language in a pour-over will to direct assets into the trust
- Declarations or correspondence that confirm the intent to fund the trust
Well-organized and transparent documentation facilitates court approval and reduces the likelihood of objections.
Who Has the Authority to File a Heggstad Petition?
Probate Code § 850 allows the following individuals to file a petition:
- The currently acting trustee of the trust
- Beneficiaries or contingent beneficiaries who have a vested interest
- Personal representatives in cases where assets are to be distributed via a pour-over will
This eligibility ensures that all parties with a stake in the trust can act to protect its assets and uphold the settlor's wishes.
The Step-by-Step Process and Requirements for Filing a Heggstad Petition in San Diego
Initiating a Heggstad petition involves careful preparation and adherence to the specific probate rules of the San Diego Superior Court. Here's a concise guide to the process.
Step-by-Step Checklist for Filing a Heggstad Petition in San Diego
- Gather Documentation – Collect the trust and any amendments, death certificate, deeds, financial records, and a list of known heirs and creditors.
- Prepare and File Petition – Prepare the Heggstad petition and a proposed order as pleadings on pleading paper
- Serve Notice – Provide notice to beneficiaries, heirs, and known creditors in strict compliance with Probate Code § 851 and applicable local rules, typically at least 30 days before the hearing; use the statutorily required methods of service and retain proof of service.
- Attend Court Hearing – Present evidence of the decedent's intent, address any objections, and be prepared for continuances or requests for supplemental declarations.
- Record the Court Order – File the order with the county recorder, obtain certified copies, and update asset titles and institutional records as required.
Step 1—Compile and Organize All Necessary Documentation
The first step in filing a Heggstad Petition is collecting all the necessary records that establish the decedent's intent to place assets into their trust. This typically includes the original trust document, any amendments, the decedent's death certificate, and schedules of assets attached to the trust.
For real estate, copies of deeds are essential, while for financial accounts, bank or brokerage statements may be needed. Additional supporting evidence—such as pour-over wills, mortgage records, or beneficiary ledgers—strengthens the case. The more complete and organized the documentation, the more likely the court will confirm that the property belongs to the trust
Step 2—Prepare and Submit the Heggstad Petition to the Court
Once documentation is gathered, the trustee or petitioner prepares and files the Heggstad petition as a pleading on pleading paper. This petition outlines the trust, the decedent's intent, and the specific assets to be transferred.
A proposed order is also drafted for the judge's signature. Filing requires compliance with local San Diego Superior Court Probate Division rules, proper service in accordance with Probate Code § 851, payment of filing fees, and submission of service acknowledgments. Because errors in preparation can delay the process, petitioners often work with probate attorneys to ensure accuracy and avoid costly mistakes.
Step 3—Notify Beneficiaries, Heirs, and Creditors
California Probate Code § 851 requires notice of a Heggstad Petition to be served on all interested parties, including trust beneficiaries, heirs-at-law, and any known creditors. In San Diego, notice must be given in the manner and within the timeframes required by Probate Code § 851, the California Rules of Court, and the San Diego Probate Local Rules (typically at least 30 days' mailed or personal service for persons within the state), so petitioners should confirm the applicable form and timing of service before filing.
Because judges in the San Diego Probate Division strictly enforce notice requirements, failure to provide proper notice often results in the petition being continued or denied until service is corrected.
Step 4—Attend the Probate Court Hearing
At the hearing, the petitioner presents the trust documents, supporting evidence, and proof of notice to the judge. The central question for the court is whether sufficient evidence exists to show the decedent intended the assets in question to belong to the trust. In uncontested cases, the hearing is usually straightforward, the judge may sign the proposed order confirming the transfer, and the petition and court order typically become part of the public record.
If objections arise—whether from heirs, creditors, or other parties—the court may require additional evidence or argument before issuing a ruling.
Step 5—Record the Court's Order and Transfer Assets to the Trust
Once the judge grants the petition, the signed order becomes the legal authority to retitle assets into the name of the trust. For real estate, the order is recorded with the San Diego County Recorder's Office. Many financial institutions will accept the court order, but some require additional institutional forms or proofs (e.g., certified copies, specific affidavits); confirm each institution's requirements before attempting transfers.
This final step funds the trust for the assets identified in the order, enabling the trustee to administer and distribute those assets under the trust's terms; other assets, creditor claims, or estate issues may still require probate or separate proceedings.
This completes the asset transfer, ensuring they are managed according to the trust's provisions.
What Is the Result After the Court Approves a Heggstad Petition in San Diego?
When a Heggstad petition is granted, the court orders that the specified assets belong to the trust, thereby avoiding probate administration for those assets only and not necessarily for the decedent's entire estate. This grants the trustee clear legal title to the listed assets, allowing distribution according to the trust's terms without further court oversight as to those assets, but other estate issues may still require probate or court involvement.
What Are the Advantages of a Heggstad Petition Over Traditional Probate in San Diego?
Opting for a Heggstad petition under § 850 offers significant benefits compared to navigating a full probate administration in San Diego. These include:
- Faster: Uncontested § 850 petitions in San Diego are often resolved in roughly 3–6 months, but timing varies with case complexity and court calendar; full probate commonly takes 12–18 months or longer.
- Lower Costs: May avoid statutory probate administration fees for the assets covered by the petition, but remaining estate matters may still incur statutory fees and additional administration costs.
- Privacy: The underlying trust administration generally remains private, but the § 850 petition, supporting papers, and the court's order are filed in probate court and become public records.
- Intent Honored: Ensures assets are distributed according to the trustor's original wishes.
- Reduced Conflict: Clearer asset transfers help minimize disputes among heirs and beneficiaries.
How Does a Heggstad Petition Accelerate the Process and Lower Expenses?
- Faster Resolution: A typical uncontested petition process concludes in 2–6 months, considerably quicker than the 12–18 months often required for full probate.
- Reduced Court Fees: The filing fees for § 850 petitions are substantially lower than those associated with probate administration.
- Lower Legal Costs: The streamlined nature of the hearings and reduced court involvement generally lead to lower attorney fees.
How Does It Ensure the Decedent's Original Intent Is Honored?
- It effectuates the settlor's distribution plan for the assets identified in the trust, subject to the court's determination of intent.
- It helps ensure beneficiaries receive the assets the decedent intended, subject to the court's findings and applicable law.
- It prevents unintended estate distributions that can occur through default legal processes.
How Does It Minimize Family Disputes and Maintain Privacy?
- Fewer Conflicts: Clear asset titles and documented intent reduce grounds for legal challenges.
- Confidentiality: While trust administration is generally private, filings made to the probate court—such as a § 850 petition and the resulting order—typically become public record.
- Controlled Communication: Trustees can manage communications with beneficiaries directly and discreetly.
Comparing Heggstad Petitions, Full Probate, and Small Estate Affidavits
When deciding how to transfer assets after death in California, it's important to understand which legal process applies. The right approach depends on the type of assets, their value, and whether the decedent had a trust in place. Below is a side-by-side comparison of the most common options:
| Process | When It Applies | Timeline | Costs | Privacy | Best For |
| Heggstad Petition (Probate Code § 850) | Assets were intended for a trust but not properly transferred before death. Requires proof of intent (trust document, schedule of assets, pour-over will). | ~3–6 months in San Diego (if uncontested) | Filing fee ~$435; attorney fees typically $3,500–$8,000 | Mixed: the underlying trust administration may be private, but a § 850 petition is filed in probate court, and the petition, supporting papers, and court order become public record. | Trustees/beneficiaries seeking to transfer omitted assets into a trust |
| Full Probate Administration | Applies when the estate exceeds the small‑estate thresholds under Probate Code § 13100 et seq., when assets are not linked to a trust, or when disputes, debts, or other complexities require court supervision; note that § 13151 provides a limited simplified procedure for a decedent's principal residence (statutory cap indexed) subject to its own requirements. | Typical timeline: 12–18 months or longer in San Diego, depending on case complexity and the probate court calendar. | Costs can include court filing fees, appraisal fees, and statutory personal representative and attorney compensation (see Probate Code §§10800–10812); combined fees often range roughly 4–8% of estate value, depending on services performed and court approval. | Public: probate filings are court records and are generally accessible to the public. | Best for estates with significant debts, unresolved disputes, or where no valid trust exists. |
| Small Estate Affidavit (Probate Code § 13100 / § 13151) | Used for estates under the statutory limits: personal property ≤ $208,850 (including bank accounts) and real property ≤ $55,425 (figures indexed under Probate Code § 13100 et seq.; amounts stated as of Oct 1, 2025), subject to statutory updates and local application rules. | 2–3 months | Minimal (affidavit preparation and small filing/recording fees) | Private (no full probate court involvement) | Simple estates with limited assets that fall under value thresholds |
What Are the Costs and Typical Timeframe for a Heggstad Petition in San Diego?
Understanding the financial and time commitments involved is essential for setting realistic expectations when administering a trust under § 850.
What Are the Filing Fees and Attorney Costs Associated with the Petition?
| Cost Component | Estimated Range (San Diego) |
| Probate Code § 850 Filing Fee | Approximately $435 (As of 2025) |
| Attorney Fees for Trustee or Beneficiary Representation | $3,500–$8,000 (varies with complexity) |
| Recording Fees for Title Transfers | $25–$125 per document |
Attorney fees are influenced by the case's complexity, the number of assets involved, and whether any disputes arise.
How Long Does the Entire Heggstad Petition Process Typically Take?
The timeline for a Heggstad Petition in San Diego depends on the court's probate calendar, completeness of filings, and whether objections are raised. A typical uncontested petition proceeds as follows:
- Document Gathering: 1–3 weeks for simple matters (collecting trust, amendments, death certificate, deeds, and financial records); allow longer for multiple assets, title issues, or contested matters.
- Petition Drafting and Filing: 1–2 weeks (preparing the petition on pleading paper, a proposed order, and supporting declarations)
- Notice Period: At least 30 days before the hearing.
- Court Hearing and Order Issuance: Typically 3-5 months following the filing of the Hegstad Petition ( in San Diego County). if uncontested, longer if continuances or supplemental declarations are required.
- Title Recording and Asset Transfer: 1–4 weeks, depending on the county recorder's processing time and the responsiveness of financial institutions.
In San Diego, the total duration is usually 4–6 months, with shorter timelines possible if the court calendar is light and documentation is well-prepared. This remains significantly faster than a full probate administration, which often takes 12–18 months.
Example – Fast-Track vs. Delayed Cases
- Fast-Track Case: A trustee files a clean, well-documented petition for a single real estate asset, serves all beneficiaries properly, and no one objects. In San Diego, the court sets the hearing 3-5 months after filing, and the order is recorded within 1-4 weeks of the hearing.
- Delayed Case: A petition includes multiple properties, heirs raise objections about ownership, or service of notice is defective. The court may continue the hearing multiple times to allow for supplemental filings or evidence. These cases can take closer to 6–9 months, or longer if litigation develops.
How Does the San Diego Probate Court Handle Heggstad Petitions?
The San Diego Superior Court's Probate Division manages § 850 petitions in accordance with state statutes and its own specific local rules.
What Are the Specific Procedures and Requirements of the San Diego Probate Division?
- Local Form Guidelines: Confirm caption formatting, pleading-paper requirements, and numbering conventions by consulting the Probate Local Rules based on where you are filing..
- Hearing Schedule: 850 petitions in San Diego are typically heard on specialized probate calendars, usually scheduled within 3-5 months after filing.
- Judicial Expectations: Judges may request additional declarations or legal arguments regarding trust provisions.
Why Is Engaging a San Diego Probate Attorney Crucial for Filing a Heggstad Petition?
Local legal counsel offers:
- Expertise in San Diego's probate calendars and judges' specific preferences
- Proficiency in gathering compelling evidence of intent and preparing accurate forms
- Skill in ensuring compliance with notice requirements and managing potential objections
Working with local San Diego counsel can help navigate county-specific procedures, judge preferences, and filing requirements, though practices and rules may change over time.
What Local Resources Are Available for Petitioners in San Diego?
- The San Diego Superior Court Probate Division website for forms and hearing schedules
- The San Diego County Law Library for procedural guides and local rule references
- Opelon LLP's California Probate Guide for a broader context on statewide procedures
Utilizing these resources can streamline the preparation and filing process.
What Are the Alternatives to a Heggstad Petition in San Diego for Avoiding Probate in California?
While Heggstad petitions under Probate Code § 850 are highly effective, California law offers other streamlined options for probate avoidance.
How Do Other Probate Code Sections Like 13100 and 13151 Differ from a Heggstad Petition?
| Code Section | Primary Purpose | Maximum Applicable Asset(s) Value (assumes date of death of decedent is on or after of April 1, 2025) |
| § 13100 (Small Estate Affidavit) | Facilitates transfer of personal property without probate using a simplified affidavit process. | $208,850 |
| § 13200 (Affidavit re Real Property of Small Estate) | Allows transfer of real property of limited value through a simplified probate petition. | $69,625 |
| § 13151 (Petition to Transfer Primary Residence of Decedent) | Allows transfer of decedent's primary residence through a simplified probate petition. | $750,000 |
| § 850 (Heggstad Petition) | Confirms a decedent's intent to include assets in a trust when they were not formally transferred before death. | No statutory cap on asset value |
When Is Full Probate Administration Necessary Instead of a Heggstad Petition?
Full probate becomes the required path when:
- The estate's debts exceed available liquid assets or bank funds.
- No trust was established, or the assets are not linked to trust-based estate planning.
- Significant disputes arise concerning the decedent's mental capacity or intent that cannot be resolved through a § 850 petition.
In these situations, standard probate administration ensures proper notification to creditors and court-supervised distribution of assets.
What Are the Most Frequently Asked Questions About the Heggstad Petition in San Diego?
Common inquiries often revolve around the legal requirements, associated costs, and the practical feasibility of the petition process for trustees and beneficiaries:
- Trustees can initiate a petition without a separate personal representative; however, legal counsel is highly recommended to navigate the complex notice requirements and evidence presentation.
- The most compelling evidence of intent typically includes a signed asset schedule, contemporaneous trust amendments, and explicit provisions within a pour-over will.
- If a court denies a petition, it may be possible to rectify deficiencies—such as submitting additional declarations—and refile, or alternatively, proceed with traditional probate.
- Filing fees for a Heggstad petition are modest (around $435 in San Diego), while attorney fees depend on the complexity of the assets and the specifics of the case.
Addressing these questions helps trustees develop effective strategies and ensures compliance with Probate Code 850 requirements.
What Happens If a Heggstad Petition Is Contested?
While many Heggstad Petitions in San Diego are uncontested and proceed smoothly, disputes sometimes arise. Heirs, beneficiaries, or creditors may object to the inclusion of certain assets in the trust, especially if they believe the decedent never intended those assets to be part of the trust or if questions of capacity or undue influence are raised.
When objections are filed, the court treats the matter more like traditional probate litigation. The trustee or petitioner must present stronger evidence—such as trust schedules, pour-over wills, correspondence, or testimony—to prove the decedent's intent. Contested petitions often result in continuances, discovery, and potentially even a trial-like evidentiary hearing, which can add months to the process and significantly increase legal costs.
In some cases, mediation or settlement negotiations can resolve disputes without the need for prolonged litigation. If the conflict cannot be resolved, the court may deny the Heggstad Petition and require the disputed assets to pass through full probate administration. This is why thorough documentation and careful legal preparation are essential before filing.
How to Reduce the Risk of a Contested Heggstad Petition in San Diego
If you are acting in the role of Settlor:
- Keep Trust Schedules Updated: Regularly update the trust's asset schedule and attach it to the trust document.
- Use a Pour-Over Will: A pour-over will directing all assets into the trust strengthens the argument for intent.
- Maintain Clear Records: Keep deeds, account statements, and written correspondence that show assets were meant for the trust.
- Communicate with Beneficiaries: Open communication during estate planning reduces surprises and objections later.
If you are the Petitioner:
- Work with an Experienced Attorney to file a Heggstad Petition in San Diego: Proper drafting, filing, and notice service minimize technical challenges in court.
By taking these steps during estate planning or early in trust administration, families can significantly lower the likelihood of disputes and keep the Heggstad process efficient.
FAQ's for a Heggstad Petition in San Diego under Probate Code § 850
What happens if my house isn't in my trust when I pass away?
If a house was supposed to be in your trust but was never transferred, your family may need to go through probate. In California, a Heggstad Petition can sometimes be used to place the home into the trust after death if there's proof it was meant to be included.
Do bank accounts not in a trust have to go through probate?
Yes—unless the accounts have a joint owner or payable-on-death designation, or they are of small value. If a bank account is identified in trust schedules but remains titled to the decedent, a § 850 (Heggstad) petition may obtain a court order retitling that account to the trust for the assets specifically identified, but the relief is asset‑specific and institutions may require additional documentation to effect the transfer.
Can property be added to a trust after someone dies in California?
Normally, assets need to be transferred during life. But if there's written evidence the decedent intended the property to be in the trust, a Heggstad Petition allows the court to confirm it belongs in the trust even after death.
What if my parent refinanced their house and forgot to put it back into the trust?
This is a common issue. Courts in San Diego often allow a Heggstad Petition to fix the mistake and transfer the house back into the trust, provided the original trust shows it was meant to be included.
Will my family need probate if some assets weren't put in my trust?
Possibly. Probate is required if major assets remain outside the trust. However, if there's proof those assets were supposed to be in the trust, a Heggstad Petition can be filed to transfer them into the trust and avoid full probate.
How do you transfer real estate to a trust if the deed was never changed?
If the trust lists the property or there's other written proof of intent, a trustee can file a Heggstad Petition to get a court order transferring the property into the trust without going through probate.
What if a trust lists assets but the titles were never updated?
The court can still recognize those assets as trust property through a Heggstad Petition, as long as the documentation is clear and shows the decedent's intent.
What happens if I forget to put my house into my living trust before I die?
If a home was intended for your trust but never retitled, your heirs may need to petition the court to confirm it belongs in the trust, instead of going through full probate.
Do bank accounts that are not in a trust go through probate in California?
Generally, yes, unless the account has a joint owner with right of survivorship or a payable-on-death (POD) designation, both of which pass outside probate irrespective of estate size; alternatively, small-value estate procedures may permit non‑probate transfer if statutory thresholds are met.
Can property still go into a trust after the person has died?
Yes. California law allows courts to move assets into a trust after death if there is written evidence that the decedent intended the property to be part of the trust.
What if my parent refinanced their home and forgot to put it back into the trust?
This is a common issue. The property can often still be placed into the trust through a court order if there is proof it was originally meant to be trust property.
Will my family have to go through probate if some assets are not titled in my trust?
If significant assets are left outside the trust, probate may be required—unless the court confirms they belong in the trust based on the decedent's intent.
How do you transfer real estate to a trust if the deed was never changed?
In many cases, the trustee can file a court petition with supporting documents (like a trust schedule of assets) to transfer title without going through probate.
What if my loved one listed assets in a trust document but never updated the titles?
The courts may honor that written intent and allow those assets to be transferred directly into the trust, avoiding probate delays.
Do all assets need to be retitled into a trust to avoid probate?
Yes, ideally. However, if some assets were missed, California law provides remedies that may still prevent the need for a full probate case.
Who is entitled to notice of a Heggstad petition?
Notice of a Heggstad petition must be given to heirs of the decedent, all trust beneficiaries, and other interested parties whose rights may be affected, as required by California Probate Code §17203, with at least 30 days' advance notice before the hearing.
How Can You Successfully Navigate a Heggstad Petition With Opelon LLP in San Diego?
Opelon LLP combines extensive trust administration experience with in-depth knowledge of local court procedures to efficiently secure Probate Code 850 relief for our clients.
What Expertise Does Opelon LLP Offer for a Heggstad Petition in San Diego?
Our legal team provides:
- Thorough analysis of trust documents to identify any omitted assets
- Meticulous preparation of clear and persuasive declarations of the decedent's intent
- Strict adherence to San Diego Probate Local Rules and skilled courtroom representation
How Have Clients Benefited From Our Heggstad Petition Attorney Services?
Illustrative client successes include:
- Securing the title to a $650,000 rental property for a family trust within 4 months, thereby avoiding a 12-month probate delay.
- Enabling beneficiaries to retain over $10,000 in additional value by funding bank accounts through a § 850 Petition, rather than through full probate administration.
How to Contact Opelon LLP for a Consultation on Filing a Heggstad Petition in San Diego?
Begin by exploring our San Diego Probate Law Firm page or contact our office directly to arrange a strategic consultation. Early assessment can prevent delays, clarify the viability of your petition, and position your trust assets for a smooth transfer under Probate Code § 850.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
