Heggstad Petitions
A probate shortcut
Heggstad petitions are a great tool for successor trustees seeking to claim ownership of trust property, including houses and bank accounts. If your deceased relative did not title their house or bank account in the name of their trust before they died, a Heggstad petition can help you claim that property and avoid probate.
Flat-rate pricing starting at $3,500. Pay only if your petition is successful. Serving all of California.
Call 510-443-0443 for a no-cost consultation, or follow the link below.
What is a Heggstad Petition?
Heggstad Petitions are a special type of lawsuit that allows the successor trustee of a trust to claim property accidentally left out of a trust. Heggstad Petitions are commonly filed to correct title to a house when an owner dies before executing a deed transferring title to their living trust. Heggstad Petitions are also frequently filed so a successor trustee can take ownership of financial accounts.
Heggstad Petitions must be filed in the Superior Court in the county where the successor trustee oversees the trust administration, generally regardless of where the property is located. Once filed, a judge will look for evidence, usually from the trust documents themselves, demonstrating that the original trustor declared to hold the property in trust. If so, the judge will issue an order allowing the successor trustee to claim, own, and control the property.
Heggstad Petition Cost
Probating an estate with a gross value, not including any debts or expenses, of $1 million can cost $25,000+ in legal and court fees and can take a year or more to complete. Our office files Heggstad Petitions for flat rates starting at $3,500 that are normally completed within 2-6 months, depending on the jurisdiction.
What does a typical Heggstad Petition look like?
Download our sample Heggstad Petition form for an example of what a typical Heggstad Petition requires. All petitions require unique information and legal consideration. Consult with an attorney before using this form in court.
Who can file a Heggstad Petition?
Heggstad Petitions can be filed by the succesor trustees of trusts, where the trust document identifies property as part of the trust that was not legally retitled into the trust.
Typically, a “Schedule” at the end of the trust document will identify the initial “trust estate.” For example, “Schedule A” to a trust might list “My house - 12004 Hazelmere, Oakland, CA 94612” or “My checking account at Bank of America, Account Number ****1234.” But if the Settlor (the person to made the original trust) did not file a trust transfer deed for their house, or change title to their bank account, a successor trustee may have trouble claiming that property so that it can be distributed to the Settlor’s heirs and beneficiaries.
Heggstad Petitions can shortcut the probate process by removing property from a decedant’s probate estate.
How does the process work?
(1) Book a free consultation using the link above or by calling or texting (510) 443-0443.
(2) Speak with an attorney and receive a flat-fee quote for Heggtad Petition services.
(3) Send us copies of the key documents. Normally, we will need photocopies of the Trust, a death certificate, any last wills and testaments, and documents confirming the decedent’s ownership of the property (usually a deed, bank statement, title document, or other ownership records). Also, provide us with the names and addresses of all of the heirs and beneficiaries of the decedent, so that they can be served with notice.
(4) Our office will prepare, file, and serve your Heggstad Petition. The filing court will assign a hearing date. In the interim, our office will pursue any additional evidence and prepare transfer documents for post-hearing.
(5) After the Court grants the Heggstad Petition, our office will help you prepare, execute, and file the final documents necessary to take possession of the property.
You pay no fees until the Court issues your order.
About Ravi
Ravi is a probate attorney with experience representing families, businesses, and public agencies. Ravi’s practice focus on trust litigation and Heggstad Petitions. Ravi files Heggstad Petitions for successor trustees in all 58 California counties. Ravi also represents beneficiaries in trust litigation matters, including to remove unprofessional trustees or to contest the terms of validity of trust documents. Ravi has recovered $10 million+ of trust property for its rightful owners, and he looks forward to helping you today.
Before starting the Law Office of Ravi Patel, Ravi was a Deputy City Attorney for the Oakland City Attorney’s office, where he represented the City in tax and finance matters. Ravi assisted the City’s creation and implementation of its cannabis business taxation program, progressive business tax rates, and vacant property tax. Ravi also represented the City in multiple bond issuances to refurbish City facilities, streets, and parks.
Ravi began his career at the law firm Klein DeNatale Goldner in Bakersfield, California. There, Ravi represented public agencies, including water districts, school districts, community services districts, and library districts. Ravi also worked on various civil litigation and commercial transaction matters for private and public companies. Ravi was closely involved in the initial implementation of the Sustainable Groundwater Management Act.
Ravi enjoys baking, hiking with his wife, Priya, and film photography. In 2022, Ravi and Priya welcomed their first child.
Education
Juris Doctor, cum laude, Duke University School of Law, Class of 2014
Bachelors Degree, University of California, Berkeley, Class of 2010
Blog Posts
Fixing Deeds and Claiming Houses in Trusts — A Guide to Heggstad Petitions
A complete guide to Heggstad Petitions and how to avoid probate when a trustor leaves behind an unfunded.
Where should a Heggstad Petition be filed? —Venue in Probate Code 850 petitions
Where should your Heggstad Petition be filed? You might assume that it has to be in the county where your deceased relative lived or in the county where the property is located. But, in most cases, neither of those details matter! Heggstad Petitions are generally supposed to be filed in the county of principal administration. By law, that normally means the county where the successor trustee lives. So a property subject to a Heggstad Petition might need to be filed near a successor trustee’s home in San Diego, even though the subject property is in San Francisco.
How long does a Heggstad Petition take?
A Heggstad Petition can take anywhere from 3 months to a year, depending on the county of filing. Most counties intend to hear Heggstad Petitions within 3-4 months of filing. But court funding and priorities can drastically affect this timeframe goal. In some of the most impacted counties, you may have to have a full year to have your trust petition heard. Even so, a Heggstad Petition is still likely to be a cheaper and faster alternative to probate.
Descriptions of property for Heggstad Petitions — What’s enough?
If a trust only identifies property by general references, a Heggstad Petition can still help a successor trustee avoid probate. Recent case law has decided that, so long as a trustor’s intent can be reasonably deciphered, a court is obligated to honor the trustor’s trust declaration, even if they did not take the formal step to re-deed or re-title their property. For example, where a trustor signs a trust putting their “house” into trust, but not identifying the house by location, address, or property number, a Heggstad Petition can be granted if publically available records confirm that the trustor only owned one property in any jurisdiction. Similar arguments can be made of bank accounts or other potential trust assets.
Who gets notice of a Heggstad Petition?
Trustees, beneficiaries, heirs, and more are entitled to notice of Heggstad Petitions. Make sure everyone entitled to notice of your petition gets properly served. All persons entitled to notice should generally receive notice on a special judicial counsel form, along with a copy of the underlying Heggstad Petition. The notice must be sent by first class mail but does not need to be served by a process server. But, in many cases, it may be best practice to send notices by certified mail, so that you have proof of delivery.
Poor Descriptions of Trust Property
If the Trust does not specifically describe property subject to a Heggstad Petition. The petitioner should take steps to prove up the identify of the assets to the Court. Bank accounts can be particularly tricky. Often, trustors will sign trusts assigning all of their “bank accounts” or “financial accounts” to a trust. If a successor trustee can show that a particular account existed at the time the trust was created, even though the trustor never changed title, then the successor trustee can claim the account via a Heggstad Petition without having to file a probate.
What happens at a Heggstad Petition hearing?
You’ve given notice, proved up the assets, and waited patiently for a hearing date. Next, you finally get a hearing. Now the judge will hear your petition and make a ruling. At most hearings, the judge will also be hearing several other trust related matters, including other Heggstad Petitions. Although most courts start on time, some will be 10-60 minutes behind their posted schedule. When the court calls your case, the judge will first consider whether notice and jurisdiction or proper, before getting into the substance of the case.
How can I track down missing heirs for a Heggstad Petition?
A court won’t give you an order without notice. So what do you do if you can’t find a handful of the heirs entitled to notice? Search, search, and search some more. Your first step should be to search through the trustor’s possessions. Did they keep any journals, notebooks, or other contact lists? With special permission, you might be able to get access to the trustor’s social media accounts, e-mail, or other electronic records. Public property, birth, and death records can also be a valuable source of information. If all else fails, a private investigator can help convince a court that everything possible has been done to track down your missing heir.