Heggstad Petition Attorney: Los Angeles County

A Heggstad petition allows a successor trustee to claim property that was intended to be part of a trust but was never formally transferred. In Los Angeles County, where the probate system is large and complex, understanding local procedures is key to success.

For the statewide picture, including required documents, notice and cost, see our main Heggstad petition page.

A Heggstad Petition should be filed in the county where the principal administration of the trust occurs, usually where the trustee resides. In L.A. County, this means:

• If the trustee lives in Los Angeles County, file here.
• If the trustee lives out of state, venue may depend on where the property is located.
• The decedent’s place of death is not the determining factor.

Local Practice Tips for Los Angeles County

• Caption and hearing date: cite Probate Code section 850 in the caption. Los Angeles will not set a section 850 petition for hearing sooner than six weeks after filing, and the notice must give the street address of any real property and tell interested persons they may file an answer (Local Rules, rule 4.37).
• Complete when filed: the petition must state every request for relief and any fee or cost request, with supporting declarations attached or filed with it (rule 4.6).
• Where to file: probate matters are handled at the Stanley Mosk Courthouse, 111 N. Hill Street, Los Angeles, CA 90012. Probate filings must be submitted electronically through an approved e-filing service provider.
• Hearings: probate hearings usually begin at 8:30 a.m. The court calls the calendar, announces pre-approved matters, hears any objections or clarifications, and rules or sets further hearings. A complete, uncontested petition may be approved without oral argument. Remote appearances are available through LACourtConnect.
• Timeline: in our most recent Los Angeles petition, the first hearing came 2 to 4 months after filing (see our results by county). After the hearing, it may take another 2 to 3 weeks for the court to process and return signed orders.
• Orders: proposed orders are generally submitted after the hearing, once the judge has ruled. The exception is ex parte petitions, where the proposed order is filed with the application.

The county rules chapter of our Heggstad practice guide summarizes the rest of the Los Angeles probate rules.

Ex Parte Procedures

Los Angeles decides probate ex parte applications on the papers, without an appearance; file and serve by 10:00 a.m. the court day before the requested ruling (rule 4.12). For a Heggstad petition, the court cannot shorten the 30 days of notice (Prob. Code, § 851, subd. (d)), so an early order depends on written waivers and consents from everyone entitled to notice. See ex parte Heggstad petitions.

• A complete copy of the trust and all amendments
• A trust schedule listing the omitted asset
• Deeds, account statements, or other ownership records
• A declaration explaining the decedent’s intent
• Proof of notice to all interested parties (or their signed waivers)

• Filing in the wrong county
• Failing to include a full trust document
• Submitting unclear or incomplete evidence
• Not addressing why the asset was left out of the trust
• Overlooking required notice to heirs and beneficiaries, and to lenders, banks and tenants
• Submitting proposed orders too early (except for Ex Parte cases)

Courts have granted more than ten of our Heggstad petitions in Los Angeles County, including standard and ex parte petitions, among them a petition granted for a partial interest in a house left to one sibling over another.

Results in past matters do not guarantee or predict the outcome of any other matter.

The Law Office of Ravi Patel handles Heggstad petitions with flat fees and outcome-based pricing:

• No upfront cost: you pay nothing until the court grants your petition
• Flat fees starting at $3,500 for one property or up to two accounts
• Statewide service: we file Heggstad petitions in all 58 California counties

We represent successor trustees throughout Los Angeles County, including Los Angeles, Long Beach, Pasadena, Glendale, Santa Clarita, Torrance and Lancaster.