What is a Heggstad petition?
It is the fix for a common mistake: a parent signed a living trust, the deed to the house was never changed, and the parent has died. The petition asks the court to declare that the house belongs to the trust, so it can pass under the trust instead of through a full probate.
In the case it is named for, Halvard Heggstad created a living trust, named himself trustee and listed a Menlo Park property on the trust’s schedule of assets. He deeded his other real property to the trust but never deeded that one. The Court of Appeal held that his signed declaration of trust, listing the property, was enough to make it trust property.
A later case, Ukkestad v. RBS Asset Finance (2015) 235 Cal.App.4th 156, went further: a general assignment of “all” the settlor’s real and personal property was enough, even though the parcels were not individually listed, because public records could identify them.
Who can file a Heggstad petition?
The trustee, or any interested person, when the trustee has a claim to property that is held in someone else’s name, including the name of the person who died (Probate Code section 850). In practice it is usually the successor trustee.
Section 850 also lets a personal representative or any interested person petition where the person who died held title to property that is claimed to belong to someone else, or had a claim to property held by someone else.
How to file a Heggstad petition in California?
The petition is filed in the probate court and must set out the facts the claim is based on (Probate Code section 850). Notice goes to the interested people before the hearing. If no one objects and the documents are clear, the court can grant it at the hearing.
The evidence the court looks for
- The signed trust, with a schedule of assets that lists the property.
- A general assignment transferring the settlor’s property to the trust.
- A pour-over will leaving everything to the trust, which shows intent even though it is not itself the transfer.
- Other signs of intent: other properties that were deeded to the trust, notes from the drafting attorney, loan or insurance papers.
People also search for the 850 petition notice requirements. Who must receive notice depends on the property and the people with an interest in it, so the list is worked out case by case.
How long does a Heggstad petition take?
An unopposed petition usually needs only the time to prepare it, give notice and get a hearing date in the county’s probate court. A petition someone objects to takes longer, like any contested case, because the objection has to be resolved first.
How much does a Heggstad petition cost?
Usually far less than a full probate of the same property. An uncontested petition is a single, limited proceeding. Cost rises if the documents are unclear, the property was not listed anywhere, or a relative or creditor objects.
What else can an 850 petition be used for?
Section 850 is broader than Heggstad cases. It is the tool for recovering property taken from an estate or trust, and for resolving disputes over who holds title. A person who took property in bad faith can be liable for twice its value (Probate Code section 859).
How do you keep this from happening?
Fund the trust when you sign it: deed real estate to the trustee, retitle accounts, and sign a general assignment and a pour-over will as backups. Then check the funding every time you buy or refinance property.
Refinancing is a common culprit: some lenders require a property to be taken out of the trust for the loan, and nobody puts it back. See how pour-over wills complement trusts.
This page explains California law in general terms. It is not legal advice, and reading it does not create an attorney-client relationship. Statutes change; the code sections linked above are the current text on the California Legislature’s website.