What Is a Heggstad Petition in California Probate Law?
When someone passes away, the probate process can feel overwhelming, even if there are no complications. If a complication arises, the process can feel even worse. One complication that can arise during the probate process is when you discover that an asset that should have been formally transferred into the deceased’s trust wasn’t transferred. Fortunately, if you are in California, a Heggstad Petition might offer a solution. Understanding what this petition is and how it works can save you time, stress, and money.
What Is a Heggstad Petition?
A Heggstad Petition is a legal request you file with the probate court asking the judge to officially declare that an asset that is excluded from a trust belongs to the trust even though the decedent did not complete the paperwork before their passing. This legal tool originated from the 1993 California case, Estate of Heggstad. In this case, the court ruled that property listed in a trust document was still considered part of the trust even if the formal title had not been transferred into the trust.
Let’s put it another way: If your deceased loved one established a trust and intended to include a certain asset but did not change the asset’s title, a Heggstad Petition could be filed to ask the court to recognize the property as part of the trust. If the court grants the request, the asset can bypass the probate process.
Why File a Heggstad Petition?
Generally, if an asset is not included in a trust, it automatically becomes part of the decedent’s estate, and the executor must ensure it goes through the probate process. While the cost of probate can vary, the truth is that it can be an expensive process. Probate can also be lengthy and emotionally draining. This process can take several months to several years to complete. Filing a Heggstad Petition can help avoid this lengthy process. It can ensure that a property or another asset is recognized as trust-owned and distributed more efficiently to the rightful beneficiaries.
Legal Requirements for Filing a Heggstad Petition
It is crucial to note that not every situation qualifies for a Heggstad Petition. Specific requirements must be met in order to file a Heggstad Petition.
- The existence of a valid trust
- The decedent intended for the asset to be included in the trust
- The trust document or a schedule of assets identifies the asset
Filing the Petition
Under California Probate Code section 850, the personal representative of the decedent’s estate, the trustee, or another interested person can file the Heggstad Petition. Once a petition is filed, the court will review it, the evidence provided, and any objections. If the petition is successful, the court will issue the petitioner an order verifying that the asset belongs to the trust.
Must You Hire an Attorney?
It is not a legal requirement to have an attorney when filing a Heggstad Petition. However, it is highly advisable to retain a lawyer. The process of filing this Petition can be complex, and often, other interested parties contest the Petition. A skilled California probate attorney can;
- Review the trust and supporting documents
- Draft a strong petition
- Fight any objections that arise
An attorney can increase the chances of your Petition succeeding.
Contact The Probate Guy
If you’re going through probate and believe a Heggstad Petition may apply, contact the experienced and dedicated California probate attorney, Robert L. Cohen – The Probate Guy – today to schedule a telephonic consultation.
Southern California Probate Lawyer Serving Orange, Riverside, Anaheim, Whittier & Beyond.
Source:
casemine.com/judgement/us/59148649add7b049344d393c
