How to Win a Heggstad Petition
Looking for an overview of Heggstad petitions — costs, timelines, and our flat-fee pricing? Start with our Heggstad petition service page. This guide goes deeper: how to build and win your petition.
What is a Heggstad Petition?
Who can file a Heggstad Petition?
Where should a Heggstad Petition be filed?
What documents should be filed with a Heggstad Petition?
How long does the Heggstad Petition take?
What happens after a Heggstad Petition is granted?
Why should I seek a Heggstad Petition instead of a probate?
What is a Heggstad Petition?
A Heggstad petition lets a successor trustee claim property inadvertently left out of a trust — most often a home that was never deeded to the trust, but also bank accounts, investment accounts, and personal property. For the full overview, see our Heggstad petition page.
Winning one is about evidence. The petition must identify the trust, the original settlor(s), the successor trustee, and the omitted property — and prove the decedent intended the property to be trust property. For a property removed by refinancing, explain the circumstances of the refinance and attach the relevant deeds as exhibits. For a bank account that was never retitled, attach statements from before the trust was created to prove the account was active when the trust was executed.
Who can file a Heggstad Petition?
A Heggstad Petition should be filed by the successor trustee to the decedent’s trust. Often, this person is a surviving spouse or child. An heir or beneficiary of a trust may file a Heggstad Petition in some situations, but should generally defer to the successor trustee unless the successor trustee is clearly neglecting their fiduciary duties.
In rare circumstances, a Heggstad Petition will be brought by someone other than the successor trustee. Under the Probate Code, almost anyone with a legitimate interest in the trust and the subject property may file a Heggstad Petition. For example, a beneficiary of a trust may file a Heggstad Petition to claim property that is meant to be specifically distributed to them. In some cases, the buyer in a real estate transaction may file a Heggstad Petition to meet requirements for obtaining title insurance, although that circumstance presents potential issues that should be addressed with an attorney.
Where should a Heggstad Petition be filed?
Venue normally follows the successor trustee’s county — not the decedent’s residence or the property’s location — and courts have grown strict about it. Filing in the wrong county can cost you months. The winning move: state the basis for venue clearly near the top of the petition, and confirm your county choice with an attorney before filing. Full details are on our service page.
What documents should be filed with a Heggstad Petition?
Despite the relative simplicity of Heggstad Petitions, even uncontested petitions should be accompanied by considerable evidence and documentation.
A Heggstad Petition should generally include copies of the following: the decedent’s trust, the decedent’s last will, any current title documents to the relevant property (including the most current deed or financial statement), any communications with current beneficiaries about the property, the successor trustee’s notice to beneficiaries pursuant to Probate Code 16061.7, and any other documents that will help the court conclude that the property really is property of the trust.
In addition to filing evidence to support the petition, the trustee will also have to provide formal notice of the petition and any hearings to the beneficiaries and anyone with an interest in the trust property. Generally, that will include the decedent’s family (to the extent they are not already beneficiaries of the trust), any persons named as successor trustees or executors, and anyone else who owns (or claims to own) an interest in the subject property. It may be required to give notice to current tenants of any property, but that decision may require consultation with an attorney and review of the lease agreement.
How long does the Heggstad Petition take?
Most petitions resolve in 2 to 8 months, driven almost entirely by the court’s calendar in your county of filing. About a week before the hearing, expect the court to issue requests for clarification — answering them quickly and completely is one of the easiest ways to win at the first hearing instead of a continuance. County-by-county timelines are on our Heggstad petition page.
What happens after a Heggstad Petition is granted?
After the Heggstad Petition is granted, the court will issue an order confirming that the subject property belongs to the trust. The successor trustee can then record that document (if it relates to real property) or present it to the bank or financial institution as proof that the successor trustee may control the property pursuant to the terms of the trust.
Why should I seek a Heggstad Petition instead of a probate?
Time and money. If the decedent left a “pour-over will” directing that any property left out of the trust should be distributed to their trust, it is possible to achieve the same result as a Heggstad Petition through a formal probate. But the probate process is almost universally lengthier and substantially more expensive than a Heggstad Petition. The probate process requires, among other things, notice of the probate of the estate in a local paper, an appraisal, and multiple court hearings. The costs to probate even a simple estate that includes a home can exceed $10,000 and take a year or longer.
In contrast, nearly all Heggstad Petitions can be resolved in 2 to 6 months and at a fraction of the cost.
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Schedule an appointment today for a free consultation. The Law Office of Ravi Patel provides Heggstad Petition services on a contingent, flat fee basis. Save time, save money, and claim the inheritance to which you are entitled.
