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 is based on the case Estate of Heggstad, which allows a successor trustee to ask the court to recognize property as part of the trust when there is clear evidence the decedent intended to include it. It 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.

How long does a Heggstad petition take? Do you offer ex parte services?

The timeline varies by county. 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, may require 6 months. When time is critical and all parties consent, an ex parte petition can often secure a court order 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, on a flat-fee, contingent pricing model: 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 may petition under Probate Code section 850.

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. Courts have grown strict about venue, and filing in the wrong county can delay a petition by months.

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 such as 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.

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 for 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, with no probate required.

Heggstad petition vs. probate: which is faster and cheaper?

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, 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.

Primary Residence Petitions

Claim the Family Home Without Probate: $1,500 Flat Fee, Anywhere in California

Under California’s new succession law, a loved one’s primary residence valued under $750,000 can pass directly to the heirs, without a full probate. We file these petitions in all 58 California counties for a flat fee of $1,500, and no legal fees are due until you have a signed court order in hand.

Call (510) 443-0443 for a no-cost consultation, or follow the link below.

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What is a Primary Residence Petition?

In 2025, California opened a new shortcut through probate. Under Probate Code section 13150, the heirs of a person who has passed away can petition the court to transfer the decedent’s primary residence directly to them, so long as the home was worth $750,000 or less at the date of death. One petition, one hearing, one court order. No executor appointment and no year-long probate administration.

The procedure works whether or not there was a will. If there was a will, the home passes to the beneficiaries named in it; if not, it passes to the heirs under California law. A court-appointed probate referee confirms the home’s value, the court holds a short hearing, and the resulting order is recorded with the county, putting title in the successors’ names.

We handle the entire process: the appraisal, the petition, the notices, the hearing, and recording the order. Like our Heggstad petitions, we charge a flat fee with no payment due until the court grants your petition.

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Recent Matters

Serving all of California.

Riverside County

Primary Residence Petition granted on an expedited ex parte basis, with all interested parties consenting, so a pending sale of the home could close on time.

Stanislaus County

Primary Residence Petition granted, passing the decedent’s home to the beneficiary named in the will without opening a probate administration.

How long does a Primary Residence Petition take? Do you offer ex parte services?

Most Primary Residence Petitions take 3 to 8 months from engagement to a recorded order, depending on the county’s hearing calendar. The law requires a 40-day wait after the death before filing, and the probate referee’s appraisal is obtained along the way. Some counties hear these petitions in a few weeks; busier counties take longer.

At the Law Office of Ravi Patel, we specialize in fast, effective ex parte petitions for trust and estate matters. When a sale of the home is pending or the estate cannot afford to carry the property, and everyone entitled to notice consents, we can ask the court to dispense with notice and rule right away, often in a matter of days.

How much does a Primary Residence Petition cost?

Our fee is a flat $1,500, and no legal fees are due until the court grants your petition and you have a signed order in hand.

Court costs are separate and stay modest for a matter like this: a filing fee of about $435 to $465 depending on the county, the probate referee’s statutory appraisal fee of one-tenth of one percent of the home’s value (at most $750), and small recording fees. We keep costs reasonable and account for every one.

Who can file a Primary Residence Petition?

The decedent’s successors file the petition: the beneficiaries who take the home under the will, or the heirs under California intestacy law if there was no will. All successors should join the petition so the court’s order clears title completely, and we coordinate that as part of every engagement.

Where should a Primary Residence Petition be filed?

In the superior court of the county where the decedent lived at the time of death. If the decedent lived outside California but owned a California home, the petition is filed in the county where the property sits. We file Primary Residence Petitions in all 58 California counties.

What documents are filed with a Primary Residence Petition?

The petition itself is Judicial Council form DE-310. It is filed with the death certificate, the deed, the will if there is one, the probate referee’s Inventory and Appraisal (forms DE-160 and DE-161), and proof that the home was the decedent’s primary residence, such as the homeowner’s exemption on the property tax bill. We prepare and assemble the entire packet.

Who gets notice of a Primary Residence Petition?

Everyone entitled to inherit from the decedent and everyone named in the will receives formal notice of the hearing at least 15 days beforehand. Where everyone entitled to notice consents, we can ask the court to dispense with notice and grant relief ex parte.

What happens after a Primary Residence Petition is granted?

The court issues an order determining that the home passes to the successors. A certified copy of the order is recorded with the county recorder, and title is in the successors’ names. The home can then be sold, refinanced, or kept in the family.

Primary Residence Petition vs. Heggstad petition vs. probate

If the home was held in a living trust but the paperwork failed, a Heggstad petition restores it to the trust. If there was no trust and the home was the decedent’s primary residence worth $750,000 or less, the Primary Residence Petition is usually the answer. Full probate is the fallback for larger estates. Not sure which applies? That is exactly what the free consultation is for.

Do you qualify for a Primary Residence Petition?

The petition is available when the home was the decedent’s primary residence in California, its value at the date of death was $750,000 or less as confirmed by the probate referee’s appraisal, at least 40 days have passed since the death, and no probate administration is underway. Deaths before April 1, 2025 can still qualify under the earlier value limits. Not sure whether the home qualifies? Book a free consultation and we will tell you.