Heggstad Petitions

Under California law, even if an asset wasn’t formally transferred into a trust, it may still be added without going through probate. This is done through a Heggstad Petition, named after Halvard Heggstad, whose family successfully petitioned the court to include property in his trust based on his documented intent.

Who Can File and What’s Required

A Heggstad Petition (filed under California Probate Code §850) can be filed by anyone with a legal interest in the estate. To be approved, it must include:

  • Complete and accurate info about the decedent and beneficiaries
  • Documentation showing intent, such as a Schedule of Assets

Valid grounds for filing include

  • The decedent had a written agreement to transfer property but passed before doing so
  • The decedent held or claimed title to assets intended for the trust
  • Property is currently held by another party but believed to belong to the decedent or trust

As your legal team, we handle everything—from preparing the petition to court representation.

When You Should File

File as soon as the issue is discovered. California law requires a 30-day notice to all affected parties. In some cases, notice must be personally delivered.

What Property Can Be Included

If listed in the Schedule of Assets, nearly any type of property can be added to the trust, including:

  • Real estate
  • Bank accounts
  • Investment accounts

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