Pay‑on‑death (POD) designations are intended to offer a simple way to transfer account assets outside of probate—but what happens when family members argue that the designation doesn’t reflect what the account owner actually meant? A closer look at California’s statutory history and case law suggests that POD designations may not be as ironclad as they appear. Although Probate Code § 5302(b) directs that funds pass to the named beneficiary, earlier versions of similar multi‑party account statutes were consistently interpreted as creating rebuttable presumptions rather than conclusive ones. This history, paired with the Legislature’s decision to strengthen survivorship standards for joint accounts but not for POD accounts, raises an important question: Should courts consider evidence of a decedent’s intent even when a POD designation is in place?

Learn what it takes to successfully challenge a California trust based on incapacity or undue influence. This article breaks down the legal standards under the California Probate Code, explains the evidence courts rely on, and outlines how statutory presumptions can shift the burden of proof in trust‑litigation cases.

A court won’t give you an order without notice. So what do you do if you can’t find a handful fo the heirs entitled to notice? Search, search, and search some more.

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.

Trustees, beneficiaries, heirs, and more are entitled to notice of Heggstad Petitions. Make sure everyone entitled to notice of your petition gets properly served.

Even if a trust does not describe an asset with precision, a Heggstad Petition can still claim the property without a probate.

A Heggstad Petition can take anywhere form 3 months to a year, depending on the county of filing.

If a trust only identifies property by general references, a Heggstad Petition can still help a successor trustee avoid probate.

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!