Heggstad Petition Sample Form (PDF)
The following sample Heggstad petition form provides an example of how to prepare a basic Heggstad petition. Every situation is unique, consult with an attorney before filing anything with the court. This form is applicable where the trust specifically lists a parcel of real property as a trust asset, but no deed was recorded by the original settlor and there are no conflicts between the trust beneficiaries and heirs. This form may otherwise need significant revisions. Use of this form does not create any confidential or attorney-client relationship of any kind whatsoever.
Page 1 - Jurisdiction
In the top left corner of the form, list your name and contact information in the following format:
Name, pro per (if filing without an attorney)
Address Line 1
Address Line 2
Phone Number
E-mail Address
With respect to Jurisdiction and Venue, keep in mind that the proper county for commencement of a Heggstad petition is generally the county where the successor trustee lives, NOT the county where the deceased settlor died or where the property is located. Filing in the wrong county may considerably delay your Heggstad petition.
Page 2 - General Allegations
The general allegations should give the court a clear and direct factual assessment of the key legal details. The court will insist on seeing a Grant Deed that transferred the property to the settlor and that predates the execution of the trust. The Petitioner's word alone will not be sufficient, the court must see some objective evidence that the settlor owned the property at the time that the trust was created.
The trust must identify the property in a way that unquestionably shows the settlor's intent to hold the property as an asset of the trust. The form presumes that the property is specifically identified by the trust in a schedule of trust assets by reference to the property's common address. But, other more general descriptions may also be sufficient. For example, if the trust includes "all property", such a declaration may be sufficient where a recorded grant deed demonstrates that the settlor owned the property at the time that they executed the trust.
The petition should be accompanied by a copy of a notice issued pursuant to Probate Code 16061.7. That notice initiates a 120 day statute of limitations for any recipient of the notice to contest the terms of the trust. Although that time period does not need to expire before a Heggstad petition is filed, the court will want to see that the notice has been issued before the petition is heard.
Page 3 - Notice
Notice is a critical element of any Heggstad petition. Consult Probate code 851 for detailed rules regarding who is entitled to notice. In general, notice of the Heggstad petition hearing must be sent to all of the trust's beneficiaries and trustees, as well as all of the settlor's legal heirs. In most cases, the beneficiaries of the trust and legal heirs will be one-and-the-same. But, if the trust disinherits any of the heirs, then those disinherited heirs must be served by personal service. In addition, anyone else holding or occupying the subject property, or with any interest in the subject property, must get personal service of he Heggstad petition. Any other persons can generally be served by First Class Mail.
Page 4 - Request
The legal request for the Heggstad petition should include the full and complete legal description of the subject property. This can usually be copied from the most recent deed for the property but should be done carefully. Legal descriptions are highly technical. Be sure to copy the legal description from a reliable source, word-for-word. At the end of the legal description, it is a good idea to also copy the parcels APN.
Page 5 - Prayer and Verification
The prayer for relief at the end of the petition tells the court the orders that you are requesting. The prayer should restate the legal description so that it can be recorded against the property and clear the way for clean title.
A verification should be signed by the petitioner confirming that factual statements made in the petition are true and correct.
