What Is a Heggstad Petition and Who Needs It?

Naomi K.
Aug 13
2 min read

Estate planning is meant to give families peace of mind—but what happens when something is accidentally left out of a trust? Many people assume that once a living trust is created, all assets are automatically protected. Unfortunately, that’s not always the case.

That’s where a Heggstad Petition comes in.

What Is a Heggstad Petition?

A Heggstad Petition is a legal remedy used in California that allows certain assets to be transferred into a trust after a person has passed away, even if those assets were never formally retitled in the trust’s name.

This petition stems from a 1993 California case (Estate of Heggstad) where the court ruled that if someone clearly intended for an asset to be part of a trust—but failed to title it correctly—the court could honor that intent without forcing the asset through probate.

In other words, a Heggstad Petition helps correct a common mistake—and saves families from unnecessary court delays and costs.

Who Needs a Heggstad Petition?

You may benefit from a Heggstad Petition if:

🔹 A living trust was established, but certain assets (like real estate or bank accounts) were never formally transferred into the trust.

🔹 The trust schedule of assets lists the property, even if the title was not updated before the person passed away.

🔹 The family is hoping to avoid probate on an asset that the decedent clearly intended to include in their trust.

Heggstad Petitions are especially useful when real estate is involved—such as a home still titled in the deceased’s name even though it was supposed to be part of the trust.

Why It Matters

Without a Heggstad Petition, any omitted assets may be forced through probate—even if the deceased created a valid living trust. This could mean months of delay, court fees, and emotional strain for surviving family members.

By contrast, a successful Heggstad Petition allows:

Faster asset distribution
Protection of privacy
Significant savings on legal costs

It ensures that the decedent’s intentions are honored and that their loved ones don’t suffer because of a technical oversight.

How We Help

At Elite Document Solutions, we specialize in preparing Heggstad Petitions with precision and care. We work closely with families, trustees, and estate representatives to:

Review the trust and asset documentation
Draft the required petition and declarations
Assist with filing and next steps in the probate court

We know how time-sensitive and emotional these matters can be, and we’re here to make the process efficient, affordable, and as stress-free as possible.