What Is a Heggstad Petition in California?

A Heggstad petition is a court request to confirm that a particular asset belongs in a trust — even though it was never formally transferred into the trust before death. It's the fix for one of the most common and frustrating estate-planning mistakes: a person set up a living trust to avoid probate, but a house, account, or other asset was never actually retitled into it.

The problem it solves

A revocable living trust only controls the assets that are actually titled in its name. People often create a trust and then forget to "fund" it — or buy a new property years later and never move it into the trust. When they die, that stray asset is technically held in their own name, which would normally drag it into probate, defeating the whole point of the trust.

A Heggstad petition (named after the California case that established it, and governed by Probate Code section 850) asks the court to recognize that the asset was always meant to be a trust asset and to confirm it into the trust — without a full probate.

What the court needs to see

The key is evidence of intent. The court wants reliable proof that the decedent meant the asset to be part of the trust. Strong evidence includes:

• A schedule of trust assets (often called Schedule A) attached to the trust that lists the property
• A general assignment document transferring the person's assets to the trust
• The trust document itself referencing the property
• Other writings showing the clear intention to include the asset

The stronger and more specific the written evidence, the smoother the petition. A vague or missing paper trail makes the petition harder and sometimes pushes the matter toward full probate.

How it works

The trustee files a petition under Probate Code section 850 describing the asset and the evidence of intent, gives notice to interested parties, and attends a hearing. If the court is satisfied, it issues an order confirming the asset is held in the trust, which can then be recorded or used to retitle the asset.

Why it matters

When it works, a Heggstad petition rescues the trust plan: the stray asset joins the rest of the trust property and passes under the trust's terms, avoiding the time and statutory fees of a full probate. For a family that thought everything was handled by a trust, it can be the difference between a short court motion and a year of probate.

If a parent had a trust but an asset was left out, don't assume full probate is unavoidable. We can assess the evidence of intent and pursue a Heggstad petition where it fits — including for trustees living out of state. Request a consultation.

Related Articles

• When Is a Heggstad Petition Better Than Probate?
• What Is a Living Trust and How Does It Avoid Probate?
• Can I Transfer My Parent's House Without Probate in California?

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Frequently Asked Questions

What is a Heggstad petition used for? To confirm that an asset belongs in a living trust even though it was never formally retitled into the trust, so it can avoid full probate.

What law governs a Heggstad petition? California Probate Code section 850. The procedure takes its common name from the Heggstad court decision.

What evidence is needed for a Heggstad petition? Proof the decedent intended the asset to be in the trust — such as a trust asset schedule, a general assignment, or the trust referencing the property.

Does a Heggstad petition avoid probate? Yes, when it succeeds. It moves the omitted asset into the trust without a full probate, saving time and statutory fees.

Can any left-out asset be fixed with a Heggstad petition? Not always. Success depends on the strength of the evidence of intent. Weak or missing documentation can push the matter into full probate.

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