What is a Heggstad Petition and when is it used?

California Probate Code Section 850 governs Heggstad petitions and permits a personal representative, interested person, or trustee to file a petition. Section 850 gives the filer the option to skip a lengthy probate process. Typically, a Heggstad Petition can be prepared, filed, heard by a judge, and completed within approximately 60 to 90 days, whereas a probate could take 7-10 months.

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. A Heggstad petition could be necessary because:

• Decedent was ill and could not complete the transfer into the trust;
• Paperwork was flawed resulting in a failed transfer
• Decedent forgot to transfer the property
• Decedent did not realize that the property needed to be transferred

Thus, a Heggstad petition allows the property to be transferred directly into the trust, instead of having to  go through a lengthy probate process. A successful Heggstad petition results in a court judgment confirming the property at issue is part of the trust, even though it was not legally or formally transferred into the trust prior to death.

The most important part of the Heggstad petition is proving that the decedent actually intended to include the assets in the trust.  For example, a schedule of assets is sufficient. A signed trust document is essential.  The entire process of the Heggstad petition takes between two and four months on average.