Southern California Heggstad Petition Services

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What is a Heggstad Petition?

A Heggstad Petition or a “Petition to determine title to real property” is a much shorter and less expensive option than full probate where there is a trust in place that was not properly “funded” or if a property was subsequently transferred out of the trust during a refinance or other situation.

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Our office can handle this process for your family without spending more than a year in court or 5-10% of the estate in probate fees. Call now: (909) 982-3199

Can I benefit from a Heggstad petition?

A Heggstad petition is unique, and not everyone needs one or even can use one. It is specifically designed for situations where property that was intended to be part of a trust wasn’t formally transferred into it. Normally, you would still need to go throgh probate. A Heggstad petition is like a shortcut.

Instead of going through the lengthy and costly probate process, a Heggstad petition allows for a quicker resolution by asking the court to recognize the property as part of the trust. – It’s pretty special, but when it works, it’s VERY worth it.

What is a Heggstad Petition?
House not included in living trust. Added with Heggstad petition.

Which properties can fit the requirements for a Heggstad Petition

A Heggstad petition is unique, and not everyone needs one or even can use one. It is specifically designed for situations where property that was intended to be part of a trust wasn’t formally transferred into it. Normally, you would still need to go throgh probate. A Heggstad petition is like a shortcut.

Instead of going through the lengthy and costly probate process, a Heggstad petition allows for a quicker resolution by asking the court to recognize the property as part of the trust. – It’s pretty special, but when it works, it’s VERY worth it.

Types of Properties that can fit

  • Real Estate: Homes, rental properties, or land often fall under Heggstad petitions when the owner failed to transfer the title into the trust but intended for the property to be part of it.
  • Financial Accounts: Bank accounts, brokerage accounts, or other financial instruments explicitly mentioned in the trust but not formally retitled may qualify.
  • Business Interests: Ownership stakes that are referenced in the trust but not legally transferred can also be included.

Key Considerations for Eligibility

  • Clear Intent in the Trust Document: The trust must explicitly indicate that the settlor intended the property to be included.
  • Evidence Linking the Property to the Trust: Supporting documentation, such as deeds, account statements, or even handwritten notes, can strengthen your case.
  • No Prior Legal Disputes: Property embroiled in existing legal challenges may require a more extensive probate process.

Serving Your Friends, Family, and Neighbors for Years

Tree at Gaudy Law Office in Upland California

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You shouldn’t have to work through difficult legal needs on your own (or break the bank on unhelpful lawyers). Our team is ready to assist you. Just like we’ve helped thousands of others.

Gaudy Law Inc.


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I’m Interested!

Get assistance from a dedicated team of experts.

Services Consultation Form

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Or Give us a Call (909) 982-3199