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A Heggstad petition is a legal tool used in California probate law to transfer assets into a trust when the trustor (the person who created the trust) intended to include those assets but failed to formally title them in the name of the trust. It is based on the landmark California case, Estate of Heggstad (1993), which established that if a trustor lists property in the trust document and demonstrates intent to include it in the trust, a court can rule that the asset is part of the trust without requiring a probate process.
Key Points about Heggstad Petitions:
- Purpose: It prevents the need for formal probate for assets inadvertently left out of a trust.
- Eligibility: It applies to assets that are clearly listed or referenced in the trust documents, even if not officially titled under the trust.
- Procedure: The trustee files the petition in probate court, asking the court to confirm that the assets belong to the trust.
- Effect: If granted, the asset becomes part of the trust without requiring probate, preserving the privacy and efficiency intended with the trust.
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Los Angeles County, and others with large populations tend to have more petitions filed due to the higher number of estate planning cases.
Heggstad petitions depends on:
- The number of trusts created in a county.
- How often trustors neglect to properly title assets in their trusts.
- Awareness of Heggstad petitions as a solution.
These Petitions are filed in superior courts across California including for Hesperia (part of San Bernardino County). However, such petitions are common in areas with significant trust-based estate planning.
Get in touch with Law Office of Antoniette Jauregui on 909-890-2350 or by clicking here Your trusted attorney for probate cases in Hesperia and other counties.
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