Missing Trust Assets? How a Heggstad Petition Can Help
Discovering that a loved one’s home or bank account was never officially transferred into their trust can be a stressful realization for any successor trustee or beneficiary. Usually, this would mean facing the long, public, and expensive process of probate. However, in California, there is a powerful legal “shortcut” known as a Heggstad Petition. At DP Legal Solutions, we help families navigate these technical hurdles to ensure their loved one’s final wishes are honored without unnecessary delay. If you’ve discovered an “omitted” asset and aren’t sure where to turn, contact us today to discuss your options.
What is a Heggstad Petition?
The Heggstad Petition (based on California Probate Code § 850) is a legal request asking the court to declare that an asset belongs to a trust, even if the formal title was never changed. It is named after a landmark 1993 case where the court ruled that if a person clearly intended for a property to be in their trust—often evidenced by listing it on a “Schedule of Assets”—the court can “fund” that asset into the trust retroactively.
Common Reasons Assets Are Left Out
Clients often come to DP Legal Solutions when they encounter one of these frequent scenarios:
- The Refinancing Trap: A homeowner moves their house out of the trust to refinance a mortgage but forgets to deed it back into the trust once the loan is finalized.
- The “Forgotten” Account: A trust was created years ago, but newer bank accounts or investment portfolios were opened in an individual name rather than the name of the trust.
- Incomplete Paperwork: The decedent started the process of transferring a deed or title but passed away before the documents could be signed or recorded.
Frequently Asked Questions
How long does the process take?
While a full probate can take 12 to 18 months (or longer), a Heggstad Petition is significantly faster. In most California counties, the process can be completed in roughly 60 to 90 days once the petition is filed.
What do I need to prove to the court?
The most important factor is intent. We look for written evidence—such as a “Schedule A” attached to the trust, a general assignment of assets, or even language within the trust itself—that shows the decedent intended for that specific asset to be managed by the trust.
Is it expensive?
Because it avoids the statutory fees associated with probate (which are based on the total value of the estate), a Heggstad Petition is almost always a more cost-effective solution for beneficiaries.
How We Support You
Navigating probate court requires precision. A single mistake in the petition or a failure to notify the correct heirs can lead to delays or a flat denial from the judge. We specialize in gathering the necessary evidence and drafting clear, persuasive petitions that help you avoid the probate “waiting game.”
Don’t let a simple administrative oversight turn into a years-long legal battle. Our team is here to provide the professional guidance you need with the friendly, supportive service you deserve. Contact us today to see if a Heggstad Petition is the right solution for your family.
