Heggstad Petitions
A probate shortcut
Heggstad petitions help successor trustees claim trust property, including houses and bank accounts, that were accidentally left out of a decedent’s trust. A Heggstad petition can help you claim trust property and avoid probate.
Serving all of California.
Call (510) 443-0443 for a no-cost consultation, or follow the link below.
What is a Heggstad petition?
Heggstad petitions are a special type of lawsuit that allow the successor trustee of a trust to claim property accidentally left out of a trust. Heggstad petitions are commonly filed to correct title to a house when an owner dies before executing a deed transferring title to their living trust. Heggstad petitions are also frequently filed so a successor trustee can take ownership of financial accounts.
A Heggstad petition is one of a variety of petitions that can be brought pursuant to California Probate Code section 850. Probate Code section 850 gives parties with an interest in property that is held by or owed to a deceased person an option to file a petition to recover the property in probate court. Those remedies are often faster and more efficient than similar claims in civil court. As a type of Probate Code section 850 petition, a Heggstad petition allows a successor trustee to recover property held by a decedent’s estate. 850 petitions, though, can be used in many other circumstances related to property in or owed to a decedent’s estate.
Call (510) 443-0443 for a no-cost consultation, or follow the link below.
How does the process work?
(1) Book a free consultation using the link above or by calling or texting (510) 443-0443.
(2) Speak with an attorney and receive a flat-fee quote for Heggtad Petition services.
(3) Send us copies of the key documents. Normally, we will need photocopies of the Trust, a death certificate, any last wills and testaments, and documents confirming the decedent’s ownership of the property (usually a deed, bank statement, title document, or other ownership records). Also, provide us with the names and addresses of all of the heirs and beneficiaries of the decedent, so that they can be served with notice.
(4) Our office will prepare, file, and serve your Heggstad Petition. The filing court will assign a hearing date. In the interim, our office will pursue any additional evidence and prepare transfer documents for post-hearing.
(5) After the Court grants the Heggstad Petition, our office will help you prepare, execute, and file the final documents necessary to take possession of the property.
You pay no fees until the Court issues your order.
How long does a Heggstad petition take?
The timeline for a Heggstad petition varies greatly depending on the county of filing. 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, will require 6 months.
If a Heggstad petition is urgent, the court can grant a request to expedite. However, such “ex parte” orders are generally only granted in the case of an imminent foreclosure or a life-threatening injury.
How much does a Heggstad petition cost?
The Law Office of Ravi Patel provides Heggstad petition services for flat rates ranging from $3,500 to $6,500.
About Ravi
Ravi is a probate attorney with experience representing families, businesses, and public agencies. Ravi’s practice focus on trust litigation and Heggstad Petitions. Ravi files Heggstad Petitions for successor trustees in all 58 California counties. Ravi also represents beneficiaries in trust litigation matters, including to remove unprofessional trustees or to contest the terms of validity of trust documents. Ravi has recovered $10 million+ of trust property for its rightful owners, and he looks forward to helping you today.
Before starting the Law Office of Ravi Patel, Ravi was a Deputy City Attorney for the Oakland City Attorney’s office, where he represented the City in tax and finance matters. Ravi assisted the City’s creation and implementation of its cannabis business taxation program, progressive business tax rates, and vacant property tax. Ravi also represented the City in multiple bond issuances to refurbish City facilities, streets, and parks.
Ravi began his career at the law firm Klein DeNatale Goldner in Bakersfield, California. There, Ravi represented public agencies, including water districts, school districts, community services districts, and library districts. Ravi also worked on various civil litigation and commercial transaction matters for private and public companies. Ravi was closely involved in the initial implementation of the Sustainable Groundwater Management Act.
Ravi enjoys baking, hiking with his wife, Priya, and film photography. In 2022, Ravi and Priya welcomed their first child.
Education
Juris Doctor, cum laude, Duke University School of Law, Class of 2014
Bachelors Degree, University of California, Berkeley, Class of 2010
Blog Posts
Fixing Deeds and Claiming Houses in Trusts — A Guide to Heggstad Petitions
A complete guide to Heggstad Petitions and how to avoid probate when a trustor leaves behind an unfunded.
Where should a Heggstad Petition be filed? —Venue in Probate Code 850 petitions
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! Heggstad Petitions are generally supposed to be filed in the county of principal administration. By law, that normally means the county where the successor trustee lives. So a property subject to a Heggstad Petition might need to be filed near a successor trustee’s home in San Diego, even though the subject property is in San Francisco.
How long does a Heggstad Petition take?
A Heggstad Petition can take anywhere from 3 months to a year, depending on the county of filing. Most counties intend to hear Heggstad Petitions within 3-4 months of filing. But court funding and priorities can drastically affect this timeframe goal. In some of the most impacted counties, you may have to have a full year to have your trust petition heard. Even so, a Heggstad Petition is still likely to be a cheaper and faster alternative to probate.
Descriptions of property for Heggstad Petitions — What’s enough?
If a trust only identifies property by general references, a Heggstad Petition can still help a successor trustee avoid probate. Recent case law has decided that, so long as a trustor’s intent can be reasonably deciphered, a court is obligated to honor the trustor’s trust declaration, even if they did not take the formal step to re-deed or re-title their property. For example, where a trustor signs a trust putting their “house” into trust, but not identifying the house by location, address, or property number, a Heggstad Petition can be granted if publically available records confirm that the trustor only owned one property in any jurisdiction. Similar arguments can be made of bank accounts or other potential trust assets.
Who gets notice of a Heggstad Petition?
Trustees, beneficiaries, heirs, and more are entitled to notice of Heggstad Petitions. Make sure everyone entitled to notice of your petition gets properly served. All persons entitled to notice should generally receive notice on a special judicial counsel form, along with a copy of the underlying Heggstad Petition. The notice must be sent by first class mail but does not need to be served by a process server. But, in many cases, it may be best practice to send notices by certified mail, so that you have proof of delivery.
Poor Descriptions of Trust Property
If the Trust does not specifically describe property subject to a Heggstad Petition. The petitioner should take steps to prove up the identify of the assets to the Court. Bank accounts can be particularly tricky. Often, trustors will sign trusts assigning all of their “bank accounts” or “financial accounts” to a trust. If a successor trustee can show that a particular account existed at the time the trust was created, even though the trustor never changed title, then the successor trustee can claim the account via a Heggstad Petition without having to file a probate.
What happens at a Heggstad Petition hearing?
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. At most hearings, the judge will also be hearing several other trust related matters, including other Heggstad Petitions. Although most courts start on time, some will be 10-60 minutes behind their posted schedule. When the court calls your case, the judge will first consider whether notice and jurisdiction or proper, before getting into the substance of the case.
How can I track down missing heirs for a Heggstad Petition?
A court won’t give you an order without notice. So what do you do if you can’t find a handful of the heirs entitled to notice? Search, search, and search some more. Your first step should be to search through the trustor’s possessions. Did they keep any journals, notebooks, or other contact lists? With special permission, you might be able to get access to the trustor’s social media accounts, e-mail, or other electronic records. Public property, birth, and death records can also be a valuable source of information. If all else fails, a private investigator can help convince a court that everything possible has been done to track down your missing heir.