What is it?
A Heggstad petition in California probate is used when real property was not transferred into a trust before the decedent’s death but should have been. The Heggstad petition allows the property to be transferred directly into the trust, instead of going through the lengthy probate process. A successful Heggstad petition results in a judgment confirming the property at issue is part of the trust, even though it was not legally or formally transferred into the trust before death.
Why is it called a Heggstad Petition?
The Heggstad petition got its name from the 1993 California probate case of the Estate of Heggstad. In the Heggstad case, the decedent owned an interest in real property. The decedent made a schedule of assets identifying the assets he wanted to include in the trust. The decedent listed his interest in the real property. Unfortunately, the Decedent failed to correctly transfer the asset to the trust.
After Heggstad’s death, his family went to court and claimed that Heggstad intended to include the property in the trust. The family relied on a schedule of assets prepared by the decedent that listed all the property the decedent intended to transfer into the trust. The schedule included the property in question.
The California probate court determined that the schedule of assets was enough to prove Heggstad’s intent. The court titled the property in the trust without requiring probate proceedings.
When is a Heggstad Petition used?
The most common scenario for the use of a Heggstad petition is when a decedent fails to transfer assets into a trust, generally real property or a bank account. Unfortunately, some trust creators forget this crucial step.
A Heggstad petition could be necessary because:
The decedent was ill and could not complete the transfer into the trust;
Paperwork was flawed resulting in a failed transfer
The decedent forgot to transfer the property
The decedent did not realize that the property needed to be transferred.
Can I object to a Heggstad Petition?
Yes. The most common basis of objection to a Heggstad Petition in California probate is that the decedent did not intend to transfer the property. A Heggstad Petition is less likely to be granted if an objection is filed.
How long does a Heggstad Petition take?
The entire process of the Heggstad petition takes between two and four months on average. If filing a Heggstad petition is an option for your case, then filing the petition can avoid the cost and the time of going through the California probate process.
Source: “What Is A Heggstad Petition In California Probate?” (2020, April 28). probatestars.com. From: https://probatestars.com/what-is-a-heggstad-petition-in-california-probate/
Disclaimer: This information does not and is not intended to, constitute legal advice. Instead, all information is for general informational purposes only.
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