Heggstad Petition in California

When a Trust Exists — But an Asset Was Never Titled

It’s a common and frustrating situation: a loved one created a living trust, but an important asset — often a home — was never formally transferred into the trust. Normally, this mistake would force the family into probate.


A Heggstad Petition offers a powerful solution. This California legal procedure allows certain assets to be confirmed as trust property after death, helping families avoid probate and carry out the trust-maker’s original intent.


At Clavel Law, we help trustees and beneficiaries across Southern California resolve these issues efficiently and with care.

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What Is a Heggstad Petition?

A Heggstad Petition is a California probate court request that asks the judge to confirm that an asset belongs to a trust — even though it was never formally titled in the trust during the trust-maker’s lifetime.


The petition is based on a California court case, Estate of Heggstad, which established that written evidence of intent can be enough to treat an asset as trust property. In plain terms, this means the court can correct a paperwork oversight and keep the asset out of probate.

Common Situations Where This Petition Is Used

A Heggstad Petition may be appropriate when:

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A living trust was properly created

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The trust document shows intent to include the asset

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The asset was never formally retitled into the trust

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The asset would otherwise require probate

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There are no major disputes over ownership

Common examples include:

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A home listed on a trust schedule but never deeded into the trust

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Real estate referenced in the trust but still titled in the individual’s name

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Trust language clearly identifying the asset as intended trust property

Not every situation qualifies, which is why a legal review is essential.

How the Heggstad Petition Process Works

While simpler than probate, a Heggstad Petition must be prepared carefully to meet court requirements. The process generally includes:

Reviewing the trust documents to confirm written intent

Preparing and filing the Heggstad Petition with the probate court

Providing notice to interested parties, if required

Attending a court hearing, often the only hearing needed

Receiving a court order confirming the asset as trust property

Once granted, the asset is treated as if it had always been part of the trust — allowing distribution under the trust terms without probate.

Why Families Use This Procedure

A successful Heggstad Petition can:

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Avoid formal probate for the affected asset

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Save significant time and court costs

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Preserve privacy by keeping matters out of probate filings

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Honor the trust-maker’s original intent

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Allow trustees to move forward with administration

For many families, this procedure makes the difference between months of probate and a much more efficient resolution.

Experience Matters With Heggstad Petitions

Heggstad Petitions involve a careful mix of trust law and probate procedure. Courts require specific documentation and clear evidence of intent, and mistakes can result in denial or delay.



Clavel Law helps by:

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Evaluating whether a Heggstad Petition is appropriate

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Identifying qualifying trust language and supporting documents

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Preparing accurate and persuasive court filings

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Representing you at the hearing

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Guiding trustees and beneficiaries through next steps

This is a specialized area of California law, and having knowledgeable legal guidance can make all the difference.

Preventing These Issues in the Future

Many Heggstad Petitions arise because a trust was never fully funded. After resolving the immediate issue, families often choose to review or update their estate plans to prevent similar problems down the road.


We’re happy to help with trust funding guidance and long-term planning.

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Common Questions About Heggstad Petitions

  • How do I transfer property into a trust after death in California?

    If there is written proof that the asset was intended to be in the trust, a Heggstad Petition may allow the court to confirm it as trust property without probate.

  • What assets qualify for a Heggstad Petition?

    Most commonly real estate, but other assets may qualify if the trust clearly identifies them and ownership intent can be proven.

  • Do I need a lawyer for a Heggstad Petition?

    While not legally required, this is a technical process. Legal guidance greatly improves the likelihood of approval and avoids delays.

  • How long does the process take?

    Many Heggstad Petitions are resolved within a few months, depending on court schedules and case complexity.

Unsure If a Heggstad Petition Applies to Your Situation?

We help trustees and beneficiaries across Southern California determine whether a Heggstad Petition can keep trust assets out of probate. Schedule a free consultation to review your trust documents and options.