What is a Heggstad Petition?

Unfortunately, it’s not uncommon for a person who passes away to fail to formally transfer all of his assets into their trust prior to death.

This can be due to:

❇️ Forgetting to transfer property

❇️ Dying before the transfer is complete

❇️ Flawed paperwork

❇️ Not knowing the title of the property needed to be changed

❇️ Taking an already-transferred property out of a trust for refinancing and failing to put it back in

In the case of such circumstances, a Heggstad petition can help trustees obtain the property owed to them even if it is excluded from a trust.

What Exactly Is a Heggstad Petition? 🤔 

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Under California Probate Code §850(a)(3), a trustee or any interested person may file a Heggstad petition when:

✔️ The trustee is in possession of or holds title to real or personal property, and the property is claimed to belong to another;

✔️ The trustee has a claim to the real or personal property, title to or possession of which is held by another; and

✔️ The property of the trust is claimed to be subject to a creditor of the settlor of the trust.

When the Heggstad petition is filed, it must be supplemented with supporting documentation that proves the unquestionable intent of the settlor to transfer the property into a trust. This is typically satisfied with a signed Schedule of Assets that specifically identifies the property in question.

Some of the other components of a Heggstad petition include:

  • The date of death of the trustor and a copy of the death certificate

  • Information concerning the decedent’s residence

  • The names, addresses, and ages of all beneficiaries

In the end, the Heggstad petition process verifies  ✅ that a trust was created and the creator of the trust was in the process of transferring the title of his or her property before his or her death and hire a social media attorney.

The cost of filing a Heggstad petition is substantially lower than that of full probate and, if approved, could save the estate thousands of dollars and time.  @apeopleschoiceinc