Heggstad Petitions
Trusted Heggstad Relief—Anywhere in California, No Fees Until You Win
Heggstad petitions help successor trustees claim trust property, including houses and bank accounts, that were accidentally left out of a decedent’s trust. A Heggstad petition can help you claim trust property and avoid probate.
Call (510) 443-0443 for a no-cost consultation, or follow the link below.
What is a Heggstad petition?
A Heggstad Petition is a legal tool used in California to transfer assets into a trust after someone has passed away—even if those assets were never formally titled in the name of the trust. It’s based on the landmark case Estate of Heggstad, which allows a successor trustee to request that the court recognize certain property as part of the trust, so long as there’s clear evidence the decedent intended to include it.
This type of petition can help families avoid the time and expense of probate when a home, bank account, or other asset was mistakenly left out of the trust.
At the Law Office of Ravi Patel, we’ve successfully handled Heggstad Petitions across California and offer a flat-fee, contingent pricing model—meaning you pay nothing upfront, and no legal fees are due until you have a signed court order in hand.
Recent Matters
Serving all of California.
Los Angeles County
Heggstad petition granted for partial interest in house left in favor of one sibling over another.
Orange County
Heggstad petition granted for bank accounts left out of trust.
Yuba County
Heggstad petition granted for proceeds of inherited account that had been turned over to the state controller.
Sacramento County
Heggstad petition granted for house without trust transfer deed.
Solano County
Heggstad petition granted for personal property worth $1 million+.
Ventura County
Heggstad petition granted to recover proceeds of deceased parent’s divorce settlement agreement.
Alameda County
Heggstad petition granted after locating numerous lost beneficiaries.
San Francisco County
Heggstad petition granted to surviving spouse for accounts opened by deceased spouse after creating trust.
Kern County
Heggstad petition granted to surviving children for property taken out of trust by refinance.
How long does a Heggstad petition take? Do you offer ex parte services?
The timeline for a Heggstad petition varies greatly depending on the county of filing. Many counties, including San Francisco, Alameda, Riverside, San Bernardino, Mendocino and San Diego, can hear and decide a Heggstad petition in 2-3 months. Other counties, including San Mateo and Orange county, will require 6 months.
At the Law Office of Ravi Patel, we specialize in fast, effective Ex Parte petitions for trust and estate matters—including emergency requests to halt foreclosures, access frozen assets, or expedite Heggstad Petitions. If time is critical and all parties consent, we can often secure court orders in just days.
How much does a Heggstad petition cost?
The Law Office of Ravi Patel provides Heggstad petition services for flat rates starting at $3,500 to recover one property or up to two accounts.
At the Law Office of Ravi Patel, we’ve successfully handled Heggstad Petitions across California and offer a flat-fee, contingent pricing model—meaning you pay nothing upfront, and no legal fees are due until you have a signed court order in hand.
Who can file a Heggstad petition?
A Heggstad petition is normally filed by the successor trustee — often a surviving spouse or child. Beneficiaries and heirs may also file in some situations, but should generally defer to the successor trustee unless the trustee is neglecting their fiduciary duties. In rare cases, anyone with a legitimate interest in the trust and the property — even the buyer in a pending real estate sale — may petition under Probate Code section 850. Those situations raise special issues and call for advice from an attorney.
Where should a Heggstad petition be filed?
Venue usually depends on where the successor trustee conducts the trust’s day-to-day business — normally the county where the trustee lives — not where the decedent died or where the property is located. A petition for a San Francisco house may belong in San Diego if that’s where the trustee lives. Courts have grown strict about venue, and filing in the wrong county can delay a petition by months. State the basis for venue clearly near the beginning of the petition.
What documents are filed with a Heggstad petition?
A well-supported petition generally includes copies of: the decedent’s trust, the decedent’s last will, current title documents (the most recent deed or account statement), the trustee’s notice to beneficiaries under Probate Code 16061.7, and any other evidence showing the decedent treated the property as trust property. For a home removed from the trust during a refinance, include the relevant deeds. For a bank account that was never retitled, include statements showing the account existed when the trust was signed.
Who gets notice of a Heggstad petition?
Trustees, beneficiaries, heirs, and anyone who owns or claims an interest in the property are entitled to notice of the petition and hearing, served on the required Judicial Council form with a copy of the petition. Notice may be sent by first-class mail, but certified mail is often best practice so you have proof of delivery.
What happens after a Heggstad petition is granted?
The court issues an order confirming the property belongs to the trust. For real property, the trustee records the order with the county recorder. For accounts, the trustee presents the order to the bank or financial institution. The trustee can then administer or distribute the property under the terms of the trust — no probate required.
Heggstad petition vs. probate
Both can move an asset that was left out of a trust, but the difference is time and money. Even with a pour-over will, a formal probate typically requires publication in a local paper, an appraisal, multiple hearings, and a year or more — with costs that can exceed $10,000 for even a simple estate. Nearly all Heggstad petitions resolve in 2 to 6 months, at a fraction of the cost.
Sample Heggstad petition
Want to see what a real petition looks like? Download our free sample Heggstad petition (fillable PDF) from our store, or read the walkthrough on our blog.
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.