Where should a Heggstad Petition be filed? —Venue in Probate Code 850 petitions.

Before a court can consider a Heggstad Petition it must determine whether “venue” is proper in the court’s county.

A Heggstad Petition normally needs to be filed in the county where the successor trustee lives. If a trustee lives in San Francisco, the Heggstad Petition must be filed in San Francisco even if the property is in Los Angeles. 

If the co-trustees of a trust live in different counties, they can agree between themselves as to which county has venue. If they cannot agree, then a Heggstad Petition can be filed in any of the counties where one of the co-trustees lives.

Special considerations apply when a successor trustee lives out of state. In this situation, a Heggstad Petition can generally be filed in the county where the property is located, or, in the case of financial accounts, where the decedent lived.

When trustees file Heggstad Petitions in the wrong county, courts will refuse to consider them and dismiss or transfer the action, costing the estate time and money. 

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