Heggstad Petitions
Heggstad petitions (California Probate Code §850)
When an asset was never re-titled into the trust, a Heggstad petition can still bring it in — and avoid a full probate.
A Heggstad petition, brought under California Probate Code §850, asks the probate court to confirm that an asset the settlor intended to hold in trust is trust property, even though it was never formally re-titled. A successful petition avoids a full probate of that asset.
Tresp Law, APC has extensive experience with “Heggstad” Petitions (Probate Code §850), winning orders for a variety of real and personal property assets, including those overseas. We also have considerable experience and success opposing Heggstad Petitions.
A “Heggstad” Petition (petition under California Probate Code §850) enables you to get real or personal property into a California trust after the death of the Settlor. There are several important factors necessary to a successful Heggstad Petition, so contact us for a consultation today to discuss your particular case.
Heggstad petition essentials
- Statute
- California Probate Code §850
- Origin
- Estate of Heggstad (1993) 16 Cal.App.4th 943
- What it does
- Confirms that an asset the settlor intended for the trust is trust property
- Why it matters
- Avoids a full probate of the omitted asset, and its statutory fees
- What it turns on
- Evidence of the settlor’s intent — a schedule of assets, a general assignment, or other contemporaneous writing
- International assets
- Handled, including Hague Convention service requirements
Which assets can a Heggstad petition reach?
Heggstad Petitions can be used for virtually any asset, including:
- Bank accounts
- Investment accounts
- Stock certificates
- Bonds
- Partnership interests
- LLC interests
- Timeshares
- Real estate in any form
International and overseas assets
We have unique experience dealing with international assets, including navigating the requirements of the Hague Convention. With experienced international investigation and process service resources at our disposal, you can be assured that your Heggstad Petition for international assets will be handled in a timely, expert manner.
Heggstad petition or probate — what is the difference?
| Heggstad petition (§850) | Full probate | |
|---|---|---|
| What it resolves | Whether one asset belongs to the trust | Administration of the whole estate |
| Typical timeline | A few months | One year to eighteen months or longer |
| Statutory attorney fees | No | Yes — Prob. Code §10810 |
| Court supervision after | None; the asset is administered in the trust | Ongoing until distribution |
| Turns on | Evidence of the settlor’s intent | The will, or intestacy law |
Speak with a estate and trust litigation attorney
Tresp Law, APC is an excellent Estate and Trust Litigation law firm in San Diego County, with offices in Cardiff-by-the-Sea, Mission Brewery Plaza in San Diego, and Kemmerer, Wyoming. Not all lawyers are equal. If you need a proactive, knowledgeable, and effective Estate and Trust Litigation lawyer, call us today at (858) 248-2779 or contact us online to schedule a consultation.
Related services
Common questions
Frequently asked
What is a Heggstad petition?
A petition under California Probate Code §850 asking the probate court to confirm that property the settlor intended to be held in trust is in fact trust property, even though title was never formally transferred. It takes its name from Estate of Heggstad (1993) 16 Cal.App.4th 943.
When is a Heggstad petition needed?
When someone created a trust but died before re-titling an asset into it — a house still held in their own name, an account never retitled, an LLC interest never assigned. Without the petition, that asset typically has to go through probate.
What evidence wins a Heggstad petition?
Proof of the settlor’s intent. A schedule of assets attached to the trust, a general assignment of assets, a signed but unrecorded deed, or other contemporaneous writing identifying the property. The stronger the writing, the stronger the petition.
Can a Heggstad petition be opposed?
Yes, and they frequently are — usually by an heir who would inherit if the asset passes outside the trust. We handle both sides, and have had success opposing petitions as well as bringing them.
Does it work for property outside the United States?
It can. We have obtained orders covering overseas assets, and handle the additional procedural requirements those involve, including service under the Hague Convention.
This page is general legal information, not legal advice, and does not create an attorney-client relationship. California trust and probate law is fact-specific and deadlines are unforgiving — please speak with a qualified attorney about your own circumstances.
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