A Heggstad Petition can be a powerful tool for families in California when a loved one’s trust was never fully funded during their lifetime. Instead of going through a full probate for assets that were intended to be in a revocable living trust, this court process can confirm that certain property belongs in the trust. At the Law Offices of Robert P. Bergman in San Jose, we help families navigate this process so they can honor their loved one’s wishes, protect privacy where possible, and move forward with greater clarity about the next steps.
Many families discover the need for a Heggstad Petition only after a death, when real estate, bank accounts, or other assets are still titled in the decedent’s individual name. This can be confusing, especially if the trust clearly indicates the person wanted those assets held in trust. A Heggstad Petition asks the court to recognize those assets as part of the trust without requiring a full probate administration. Our goal is to help you understand this process, evaluate whether it is appropriate for your situation, and work toward a smooth, efficient resolution.
A properly prepared Heggstad Petition can save families time, expense, and emotional strain by avoiding a full probate for assets that were always meant to be owned by a trust. When successful, this procedure can streamline the administration of a revocable living trust, preserve more of the estate for beneficiaries, and help carry out the decedent’s written intentions. It can also reduce delays in selling or refinancing real property and allow trust administration to move forward more smoothly. For many families, using this petition can mean fewer court hearings, less public exposure, and a clearer path toward distributing assets according to the trust.
The Law Offices of Robert P. Bergman, based in San Jose, concentrates on estate planning and trust administration matters for individuals and families throughout California. Our work includes preparing revocable living trusts, pour-over wills, financial powers of attorney, advance health care directives, and a wide range of trust-based strategies, as well as guiding families after a death. Over many years, we have handled Heggstad Petitions involving homes, rental properties, and other assets that were intended to be part of a trust. We strive to provide clear explanations, practical guidance, and responsive communication at every step of the process.
A Heggstad Petition arises from a California court decision, Estate of Heggstad, which recognized that a written schedule of assets attached to a trust could be enough to place property into that trust, even if no separate deed or title change had been completed. Today, this procedure allows trustees and beneficiaries to ask the court to confirm that certain assets are part of a revocable living trust. For families, it offers a way to correct oversights in trust funding so that the decedent’s estate plan can still function largely as intended, without undertaking a full probate proceeding for each missed asset.
In practice, a Heggstad Petition is filed in the probate court of the county where the decedent lived or where the property is located. The petition is usually brought by the successor trustee, who asks the court to confirm that specific assets belong to the trust based on the trust language, schedules, or other written evidence. The court reviews the petition, supporting documents, and any objections before deciding whether to grant the requested relief. Understanding when this tool is available—and when a traditional probate may still be required—is an important part of thoughtful trust administration in California.
A Heggstad Petition is a court filing requesting that certain assets be legally recognized as belonging to a revocable living trust, even though legal title was never formally transferred before the trust creator’s death. The foundation for this request is usually a written trust instrument and any schedules or assignments indicating the person’s intent to include specific property in the trust. The petition lays out the relevant facts, attaches supporting documents, and explains why the court should confirm that the asset is part of the trust. If the court agrees, it issues an order that allows the asset to be administered under the trust instead of going through full probate.
The Heggstad process generally begins when a successor trustee or family member discovers that an asset, often real estate, is titled in the decedent’s name alone despite the existence of a trust. The attorney then gathers the trust, any amendments, general assignments, schedules of assets, and proof of ownership. A petition is prepared explaining the decedent’s intent, citing relevant California law, and listing the property to be confirmed as trust property. After filing, the court sets a hearing date, and notice is provided to interested parties. If objections are resolved and the court finds sufficient evidence, it can issue an order confirming that the asset is part of the trust, allowing administration to proceed.
Understanding a few important terms can make the Heggstad process much less intimidating. Estate planning in California frequently involves the interplay between revocable living trusts, pour-over wills, and various supporting documents such as general assignments of assets to trust. When assets are left outside the trust, they may require probate unless a tool like a Heggstad Petition can be used. By learning how courts view intent, trust schedules, and title documents, families can better appreciate the options available to correct oversights. This glossary highlights several common phrases you are likely to encounter while considering whether a Heggstad Petition fits your circumstances.
A revocable living trust is an estate planning arrangement created during a person’s lifetime to hold and manage assets for their benefit while alive and to distribute those assets after death. The person who creates the trust usually serves as the initial trustee and retains the power to change or revoke the trust at any time. When properly funded, the trust can help avoid probate, maintain greater privacy, and provide clear instructions for how property will be handled if the creator becomes incapacitated or passes away. Heggstad Petitions often arise when assets intended for this trust were never formally transferred into it before death.
A pour-over will is a type of last will and testament that works together with a revocable living trust. Instead of leaving property directly to individuals, it directs that any assets still in the decedent’s name at death be “poured over” into the trust. While a pour-over will can help ensure that stray assets eventually follow the trust’s instructions, it may still require a probate proceeding for those assets. In some situations, a Heggstad Petition can be used instead of or in addition to a pour-over will to confirm that an asset already belongs in the trust without full probate administration.
A general assignment of assets to trust is a document often signed at the time a revocable living trust is created. It states that the trust creator intends to transfer certain categories of property—such as personal property, business interests, or other assets—into the trust. While this assignment does not replace the need for deeds or title changes in many cases, it can serve as important evidence of intent. In Heggstad Petitions, courts may look to a general assignment, along with trust schedules and other writings, to decide whether a particular asset should be treated as part of the trust even when the title still shows the decedent individually.
A successor trustee is the person or institution named in a revocable living trust to step in and manage the trust when the original trustee can no longer serve due to death, incapacity, or resignation. After a death, the successor trustee is responsible for gathering assets, paying valid debts, and distributing property according to the trust instructions. When assets are discovered outside the trust that appear to have been intended for it, the successor trustee is typically the one who brings a Heggstad Petition. This role involves working closely with legal counsel, communicating with beneficiaries, and following California trust law and court procedures.
When assets are left outside a revocable living trust, families may have several options depending on value, title, and the decedent’s written documents. A full probate through the California court system is one path, but it can be time-consuming and more public. In some situations, simplified probate procedures may be available. A Heggstad Petition offers yet another alternative, asking the court to recognize that property was always meant to be part of the trust. Comparing these approaches requires looking at deadlines, costs, complexity, and the strength of the evidence showing the decedent’s intent so that the family can choose a practical path forward.
If the value of assets remaining outside the trust falls below certain California thresholds, simplified procedures may be available instead of a full probate. These small estate processes can use affidavits or streamlined petitions to transfer title without lengthy court administration. In such cases, a Heggstad Petition may not be necessary or may be used alongside other tools depending on the nature of the property. Evaluating the size of the estate, the type of assets involved, and whether there are disputes among heirs helps determine whether a limited court process can resolve the situation efficiently while still honoring the decedent’s written wishes.
In some families, all beneficiaries agree on how to handle a particular asset that was left outside the trust, and the asset itself presents relatively little risk or complexity. When there is strong cooperation and the property is modest in value, a limited strategy may be appropriate, especially if a simplified probate or non-court transfer is available. Even then, it is important to carefully review the trust, any pour-over will, and the potential impact on taxes or creditor issues. Choosing a smaller-scale approach can sometimes resolve matters faster, but it should still be consistent with California law and the decedent’s documented intentions.
A more comprehensive approach is often warranted when the asset at issue is a family home, rental property, or other significant real estate that was intended to be in the trust. These properties can involve large values, mortgages, co-owners, and future tax considerations. A carefully prepared Heggstad Petition can help clarify ownership, support refinancing or sale, and reduce uncertainty among beneficiaries. When multiple properties are involved, the petition may need to address each parcel and present strong documentation of the decedent’s intent. Thorough planning and clear communication with interested parties can reduce disputes and support a smoother court process.
When family members disagree about whether an asset belongs in the trust, or when the trust documents and schedules are incomplete or unclear, a more detailed strategy becomes important. A comprehensive Heggstad approach may include gathering supplemental records, such as correspondence, prior estate planning documents, or notes from the decedent’s files, to show the intent behind the plan. It may also involve addressing objections from beneficiaries or other interested parties in a thoughtful manner. By presenting a clear, well-supported petition to the court, the trustee can work toward a resolution that respects the decedent’s wishes while reducing the risk of extended litigation in California probate court.
Taking a thorough approach to a Heggstad Petition can provide peace of mind and greater stability for everyone involved in the trust administration. Careful preparation helps ensure that all relevant assets are identified, that supporting documents are organized, and that the petition clearly explains the decedent’s estate plan. This can reduce delays caused by court questions or objections from interested parties. When families feel confident that the process has been handled thoughtfully, it often becomes easier to move forward, sell or transfer property, and complete the remaining steps of trust administration in a timely, organized manner.
A comprehensive strategy can also help protect the intentions behind the revocable living trust, pour-over will, and other planning documents such as financial powers of attorney and advance health care directives. By addressing gaps in trust funding through a well-documented Heggstad Petition, families can help ensure that the overall estate plan functions as it was meant to. This can preserve more of the estate for beneficiaries, minimize confusion about who owns what, and create a clear record for any future questions. In many cases, investing time on the front end leads to fewer disputes and smoother administration down the road.
One of the key advantages of a comprehensive Heggstad strategy is the reduced likelihood of future disputes among beneficiaries or other interested parties. When the petition thoroughly explains the facts, attaches clear supporting documentation, and addresses potential questions, it creates a strong record of the court’s determination. This can be important years later if someone raises concerns about how property was handled after the decedent’s death. By resolving ownership issues through a clear court order, the trustee gains guidance and protection, and the family can spend less time revisiting old issues and more time focusing on healing and honoring their loved one’s legacy.
A thorough Heggstad Petition can significantly streamline trust administration by clarifying which assets belong under the trust’s umbrella. Once the court confirms ownership, the successor trustee can proceed with tasks such as selling real estate, paying valid debts, and making distributions to beneficiaries without the uncertainty of unresolved title questions. Lenders, title companies, and financial institutions are often more comfortable moving forward when they can rely on a clear court order. This can translate into faster closings, fewer obstacles, and a smoother transition of assets, helping families move through a challenging season with greater confidence and fewer logistical hurdles.
If you suspect a Heggstad Petition may be needed, one of the most helpful steps you can take is to gather all relevantEstate planning documents as early as possible. This includes the revocable living trust, any amendments, the pour-over will, schedules of assets, general assignments, property deeds, account statements, and prior correspondence with professionals. Having this information organized before meeting with an attorney can make the evaluation process more efficient and thorough. It may reveal additional assets that need attention and help clarify the decedent’s intent. Good organization at the outset often leads to a smoother petition process and fewer surprises later.
Good communication among family members can significantly ease the stress of pursuing a Heggstad Petition. Beneficiaries often feel more comfortable when they understand what the petition is, why it is being filed, and how it may affect the timing of distributions. Sharing updates, answering questions, and providing copies of key documents when appropriate can reduce suspicion and misunderstandings. When everyone has a clear picture of the overall estate plan and the specific role of the Heggstad Petition, there is often less conflict and delay. Thoughtful communication can help preserve family relationships during a time that is already emotionally challenging.
You may want to consider a Heggstad Petition if a loved one created a revocable living trust but did not complete every step to transfer assets into it before passing away. This situation frequently arises with real estate, business interests, or large financial accounts that remained titled solely in the decedent’s name. If the trust or its schedules show a clear intention to include those assets, a Heggstad Petition can be a practical way to ask the court to recognize them as trust property. For many families, this approach helps preserve the overall estate plan and may reduce the need for full probate.
Another reason to consider a Heggstad Petition is the desire to maintain continuity in trust administration, particularly where other assets are already in the trust and being managed by a successor trustee. Rather than splitting the estate between a trust proceeding and a separate probate, a successful petition can bring more of the assets under one umbrella. This can simplify accounting, reduce confusion about who is in charge, and make it easier to coordinate distributions. When combined with other planning tools, such as powers of attorney and advance health care directives, the Heggstad process can play an important role in achieving a cohesive estate plan.
Heggstad Petitions most often come into play when someone created a revocable living trust but passed away with a home, rental property, or other significant asset still titled in their individual name. Sometimes the person believed the property was already in the trust because they signed a general assignment or saw it listed on a schedule of assets. In other cases, a refinance or property purchase occurred after the trust was created, and the title was never updated. Financial accounts, business interests, and even certain personal property can also give rise to Heggstad issues when the written documents and the legal titles do not match.
One of the most frequent scenarios for a Heggstad Petition involves a family home that was never deeded into the trust. The trust document may clearly state the intention to hold all real property in the trust, and the home might even be listed on a schedule of assets, yet the recorded deed still shows the decedent as the sole owner. This mismatch can create delays in selling or refinancing the home and may expose it to probate if not addressed. A Heggstad Petition asks the court to confirm that the home should be treated as trust property, aligning the title with the written estate plan.
Another common circumstance arises when a rental or investment property was intended to be placed into a revocable living trust but remained titled in the owner’s individual name. The property might have been acquired after the trust was created or refinanced in a way that removed the trust from title. When the owner passes away, the successor trustee discovers the discrepancy and faces questions from lenders, tenants, and beneficiaries. A Heggstad Petition can provide a path to bring that property into the trust, allowing the trustee to collect rents, pay expenses, and eventually sell or distribute the asset according to the trust instructions.
Bank, brokerage, or other investment accounts can also be left outside a trust, especially if they were opened quickly or changed institutions over the years. The trust and general assignment may indicate an intention to include these accounts, but the financial institution’s records still show the decedent individually as the owner. Depending on the value and the institution’s policies, this can create substantial hurdles for the successor trustee and beneficiaries. In appropriate situations, a Heggstad Petition can be used to ask the court to confirm that these accounts are trust assets, helping avoid a full probate and aligning the administration with the overall estate plan.
At the Law Offices of Robert P. Bergman in San Jose, we assist families across California who are dealing with unfunded or partially funded trusts and the need for Heggstad Petitions. Whether the issue involves a single residence, multiple rental properties, or overlooked financial accounts, we take the time to review your documents and explain the available options in clear, straightforward language. Our practice is focused on estate planning and related trust matters, including revocable living trusts, wills, financial powers of attorney, advance health care directives, and special needs planning. We are committed to guiding you through the process with care and attention.
Choosing a firm that focuses on estate planning and trust administration can make a meaningful difference when pursuing a Heggstad Petition. Our work regularly involves reviewing trust documents, pour-over wills, general assignments, and title records to determine the best path for confirming ownership. We take a detail-oriented approach to understanding your family’s goals, the nature of the assets involved, and any potential disputes. By thoroughly preparing petitions and supporting documentation, we aim to present a clear, persuasive picture to the court while keeping you informed about what to expect at each stage of the process.
Our San Jose office understands the emotional and practical challenges that often arise after a loved one passes away. You may be grieving while also facing urgent tasks related to mortgages, property taxes, or beneficiary questions. We strive to offer steady guidance, timely communication, and practical solutions tailored to California’s legal framework. Whether your matter involves a single Heggstad Petition or a broader trust administration, we work to coordinate all the moving parts so the estate plan can function as intended. Our goal is to help you move forward with confidence and a clear understanding of your responsibilities.
In addition to handling Heggstad Petitions, our firm provides comprehensive estate planning services, including revocable living trusts, last wills and testaments, financial powers of attorney, advance health care directives, special needs trusts, pet trusts, and more. This wider perspective helps us see how your immediate concerns fit into the bigger picture of your family’s long-term planning. When we address an unfunded asset through a Heggstad Petition, we also look for opportunities to improve planning for the next generation, reduce the risk of similar issues in the future, and help your loved ones avoid unnecessary court involvement whenever possible.
When you contact the Law Offices of Robert P. Bergman about a possible Heggstad Petition, we start by listening to your story and gathering key information about the trust, the asset, and your goals. We review the revocable living trust, pour-over will, any general assignments, and relevant title documents to evaluate whether a Heggstad Petition is appropriate. If it appears to be a good fit, we explain the court process, expected timelines, and likely outcomes. We then prepare and file the petition, attend the hearing, and help you implement the court’s order by working with title companies, financial institutions, and beneficiaries as needed.
The first step in our Heggstad Petition process is a thorough consultation and document review. During this stage, we ask you to provide copies of the revocable living trust and amendments, the last will and testament, any general assignments of assets to the trust, deeds, account statements, and related paperwork. We also discuss the history of the asset, how it was acquired, and any refinancing or title changes. This information helps us determine whether a Heggstad Petition is likely to succeed, or whether another probate or trust remedy might be more appropriate under California law. Clear communication during this step sets the foundation for everything that follows.
At the outset, we spend time understanding your goals, your relationship to the decedent, and the history of the asset that may be subject to a Heggstad Petition. We discuss questions such as whether the property was ever placed in the trust, whether it appears on any schedule or assignment, and how it has been used, managed, or financed over the years. This conversation often reveals important details that may not be immediately obvious from the documents alone. By combining your personal knowledge with our review of the written plan, we can more accurately assess the strength of a potential Heggstad claim and plan the next steps.
Document collection is a critical part of preparing for a Heggstad Petition. We guide you through identifying and organizing the trust instrument, amendments, pour-over will, general assignment, schedules of assets, property tax bills, and recorded deeds. When necessary, we may obtain additional records from county offices, lenders, or financial institutions. Organizing these materials helps us build a clear picture of the decedent’s intent and the current legal title. With everything in one place, we can more effectively draft a petition that explains to the court how and why the asset should be treated as trust property under California law.
Once we determine that a Heggstad Petition is appropriate, we move into the drafting and filing phase. We prepare a detailed petition that identifies the trust, describes the asset, and explains the legal and factual basis for asking the court to confirm the asset as trust property. Supporting documents, such as copies of the trust, general assignment, and deeds, are attached as exhibits. After reviewing the petition with you, we file it with the appropriate California probate court and arrange for proper notice to interested parties. This step sets the matter formally before the court and begins the process toward a hearing and eventual order.
Drafting the petition involves translating your documents and story into a clear, organized court filing. We carefully describe the trust, the decedent’s intent, the asset’s history, and why a Heggstad order is appropriate. Each important fact is supported by references to exhibits, such as trust provisions, schedules, general assignments, and title records. The petition also cites relevant California authority that allows the court to confirm assets as trust property. Our goal is to give the judge a straightforward, compelling explanation that makes it easy to understand how the estate plan was intended to work and why the requested order is appropriate.
After filing the Heggstad Petition, we arrange for notice to be given to beneficiaries, heirs, and any other interested parties as required by California law. Proper notice ensures that everyone has an opportunity to review the petition and raise questions or objections if they choose. The court assigns a hearing date, and we keep you informed of deadlines and next steps. If concerns arise from family members or others, we work with you to address them promptly, which may include sharing additional documents or clarifying misunderstandings. Thoughtful communication during this phase can help the hearing proceed more smoothly and reduce the likelihood of avoidable delays.
The final stage of the Heggstad process is the court hearing and implementation of the order, if granted. At the hearing, the judge reviews the petition, exhibits, and any objections. In many uncontested matters, the judge may rely heavily on the written submissions. If the court agrees with the request, it issues an order confirming that the specified asset is trust property. We then help you use that order to update title, work with title companies or financial institutions, and proceed with trust administration. Implementing the order may involve recording documents and coordinating with other professionals to complete the transfer.
At the court hearing, our role is to present the Heggstad Petition to the judge and respond to any questions about the trust, the asset, or the requested relief. Many hearings proceed smoothly, especially when the petition is well-prepared and there are no objections. However, the court may seek clarification about the decedent’s intent, the trust language, or the supporting documents. We address these questions respectfully and thoroughly, drawing on the information gathered during our earlier work. Our aim is to support the court in reaching a fair, informed decision that reflects the estate plan and protects the rights of all interested parties.
Once the court issues a Heggstad order, it becomes the key tool for updating ownership records and completing the transfer of the asset into the trust. For real estate, this often involves working with a title company to record the order and any related documents so that future buyers or lenders can rely on clear title. For financial accounts, it may mean providing the order to banks or brokerage firms so they can retitle the accounts or release funds to the successor trustee. Throughout this phase, we assist with practical steps, helping ensure that the court’s decision is fully implemented and that trust administration can proceed.
A Heggstad Petition is a court filing used in California to ask a judge to confirm that certain assets belong to a revocable living trust, even though legal title was never formally transferred before the trust creator’s death. The petition is based on the Estate of Heggstad case, which recognized that written evidence, such as trust schedules and assignments, can show an intent to place property into a trust. This process can be especially helpful when a home, rental property, or significant account is still titled in the decedent’s name. It is generally used after a death when the successor trustee discovers that an asset was left outside the trust, but there is written documentation suggesting the decedent intended it to be included. Rather than going through a full probate for that asset, the trustee can ask the court to issue an order confirming it as trust property. This allows the asset to be administered under the trust along with other property, potentially saving time, cost, and administrative complexity for the family and beneficiaries.
In many cases, a Heggstad Petition can help avoid a full probate for real estate that was intended to be in a revocable living trust. If the trust document, schedules of assets, or general assignment clearly show that the decedent meant to hold the property in the trust, the court may grant a petition confirming that the property belongs to the trust. This allows the successor trustee to manage, sell, or distribute the real estate under the trust terms instead of opening a full probate estate in court. However, a Heggstad Petition is not available in every situation. The court will examine the specific facts, including how the property is titled, the language of the trust, and any written evidence of the decedent’s intent. If the documentation is weak or missing, or if there are serious disputes among beneficiaries, a traditional probate or other procedure may still be necessary. An attorney can review your circumstances and help determine whether a Heggstad Petition is a realistic option for your real estate issue.
To prepare a Heggstad Petition, several key documents are typically needed. These often include the full revocable living trust and any amendments, the last will and testament, general assignments of assets to the trust, and any schedules or lists of property referenced in the trust. For real estate, recorded deeds, property tax statements, and loan documents are important. For accounts, recent statements or letters from financial institutions can be helpful. Together, these materials help demonstrate the decedent’s intention to include particular assets in the trust. The petition itself will attach many of these documents as exhibits and may also reference other records, such as correspondence, notes, or prior estate planning files, when they are available. Courts in California look for clear, consistent evidence that the trust creator intended the asset to be held in the trust at the time of death. Having complete and organized documentation increases the likelihood that the judge will understand the story behind the asset and the estate plan, and may make the process smoother and more efficient.
The timeframe for a Heggstad Petition can vary depending on the court’s schedule, the complexity of the case, and whether any objections arise. In some California counties, a straightforward, uncontested petition may be heard within a few months of filing, and an order may follow shortly after the hearing. The process can be faster or slower depending on how busy the court is and how quickly required notices are completed. Gathering documents and preparing a thorough petition on the front end can help avoid unnecessary delays. If objections are filed, or if the court needs more information, additional hearings or supplemental filings may be required, which can lengthen the timeline. Factors such as the number of assets involved, the amount of money at stake, and any disputes among beneficiaries also play a role. While no exact timeline can be guaranteed, your attorney can give you a general sense of how long similar petitions have taken in your county and can work to keep the process moving as efficiently as possible.
A Heggstad Petition is typically filed by the successor trustee named in the revocable living trust, because that person is responsible for administering trust assets after the trust creator’s death. The trustee has a duty to gather and manage property intended for the trust, so they are usually the one who asks the court to confirm that an asset should be treated as trust property. In some circumstances, a co-trustee or a court-appointed fiduciary may also be involved in the petition. In rare situations where there is no functioning trustee or serious disputes have arisen, interested beneficiaries may seek court involvement to protect their interests. However, the process works most smoothly when a clearly named successor trustee pursues the petition with appropriate legal guidance. Before filing anything with the court, it is important to review the trust terms, determine who has authority to act, and ensure that all necessary parties receive notice. Properly establishing who can file helps maintain order and credibility in the eyes of the court.
If someone objects to a Heggstad Petition, the court will consider those objections alongside the petition and supporting documents. Objections may claim that the decedent never intended the asset to be in the trust, that the documents are unclear, or that the petitioner is not acting appropriately as trustee. When an objection is filed, additional hearings, declarations, or evidence may be required. The court may encourage the parties to resolve disagreements, but if that is not possible, the judge will make a decision based on the law and the evidence presented. For families, an objection can feel stressful, especially when it comes from another relative or beneficiary. Clear communication and thoughtful preparation can sometimes prevent disputes from escalating. If a challenge does arise, working closely with your attorney to respond thoroughly and respectfully is important. In some cases, resolving the objection may lead to a better understanding of the estate plan and a court order that gives everyone more confidence in how the trust is being administered going forward.
A Heggstad Petition is not a substitute for properly funding a trust during the creator’s lifetime. The best practice in estate planning is to retitle assets into the revocable living trust or update beneficiary designations so that property is clearly aligned with the plan. However, human error, changes in assets, refinances, or simple oversight can leave some property outside the trust. A Heggstad Petition is a tool for addressing those oversights after death when there is strong evidence that the asset was still intended to be part of the trust. Because it is a court process, relying on Heggstad as a regular strategy for funding a trust is not advisable. It involves time, cost, and some uncertainty about how the judge will view the evidence. Instead, it should be seen as a corrective measure when the written plan and the titles do not match. Good lifetime planning, including regular reviews of trust funding, remains the best way to reduce the need for court involvement and help your loved ones handle matters more easily later.
Although Heggstad Petitions are frequently associated with real estate, they can also be used in some circumstances for bank, brokerage, or other financial accounts. The key question is whether there is sufficient written evidence that the trust creator intended the account to be part of the revocable living trust at the time of death. This might be shown through trust schedules, general assignments, or other documentation. If that evidence is strong, the court may confirm the account as trust property, allowing the successor trustee to administer it under the trust terms. Not every account will qualify for Heggstad relief. The institution’s paperwork, beneficiary designations, and titling can all affect the analysis. In some cases, small estate affidavits or other non-court processes may be available instead. An attorney can review account statements, signature cards, and related documents to determine whether a Heggstad Petition is an appropriate option or whether another procedure would better fit the account’s value, history, and relationship to the overall estate plan.
A pour-over will and a Heggstad Petition serve related but distinct roles in California estate planning. A pour-over will directs that any assets left in the decedent’s name at death be transferred into the revocable living trust, but that transfer typically occurs through probate if the assets exceed certain thresholds. A Heggstad Petition, by contrast, asks the court to recognize that specific assets were already intended to be part of the trust, potentially avoiding a full probate process for those items. In practice, the pour-over will offers a safety net, while Heggstad can sometimes provide a more streamlined path when there is strong evidence of intent. Both tools rely on the trust as the central estate planning document, and both aim to ensure that the decedent’s instructions are followed. When evaluating options, it is important to consider the size and nature of the assets, the wording of the trust and will, and the availability of documentation that supports a Heggstad request.
You should consider speaking with a lawyer about a possible Heggstad Petition as soon as you discover that an asset intended for a revocable living trust is still titled in the decedent’s individual name. Early conversations can be especially important if the asset is a home or rental property with ongoing mortgage payments, property taxes, or insurance needs. Acting promptly helps preserve options, avoid unnecessary penalties, and reduce the risk of missteps in dealing with beneficiaries, lenders, or financial institutions. Meeting with an attorney early also allows time to gather documents, clarify goals, and explore alternative procedures such as simplified probate or small estate affidavits where appropriate. Even if you are unsure whether a Heggstad Petition is necessary, a consultation can provide clarity and direction. Understanding your responsibilities as successor trustee, as well as the available paths under California law, can make a challenging situation more manageable and help ensure that your loved one’s estate plan is honored.
Criminal Defense
Homicide Defense
Manslaughter
Assault and Battery
Assault with a Deadly Weapon
Battery Causing Great Bodily Injury
Domestic Violence
Domestic Violence Protection Orders
Domestic Violence Restraining Order
Arson Defense
Weapons Charges
Illegal Firearm Possessions
Civil Harassment
Civil Harassment Restraining Orders
School Violence Restraining Orders
Violent Crimes Defense
Estate Planning Practice Areas