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.

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Tree at Gaudy Law Office in Upland California

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Jason Louis GaudyReviewsout of 3 reviews

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