Heggstad Petitions (Probate Code § 850)

A common and stressful discovery after a loved one passes away is finding that a major asset – often the family home – was never formally titled in the name of their living trust. Normally, this oversight would force the entire estate into a year-long probate process. However, California law provides a powerful “emergency” remedy known as a Heggstad Petition (filed under Probate Code § 850).

At the Law Offices of W. Steven Chou, we specialize in using this sophisticated legal tool to rescue unfunded assets and bring them back into the trust. With over 25 years of experience, Attorney Steven Chou helps families in Irvine, La Palma, and throughout Orange and Los Angeles counties avoid the expense of probate by proving the trust creator’s original intent.

Named after the landmark 1993 case Estate of Heggstad, this petition asks the court to declare that a specific piece of property belongs to a trust, even if the deed or account title was never updated. This is often the best solution for:

For families in high-value areas like Newport Beach, San Marino, and Cerritos, the Heggstad Petition is a vastly superior alternative to formal probate:

• Speed: While probate takes 12–18 months, a successful Heggstad Petition can often be completed in 3 to 6 months.
• Cost: It avoids the mandatory statutory fees of probate (which are 2% to 4% of the estate’s gross value).
• Privacy: By moving the asset directly into the trust, we minimize the public exposure of the estate’s finances.

Heggstad Petitions are highly technical. If a petition is poorly drafted or lacks sufficient evidence, the court will deny it, leaving the estate with no choice but to enter formal probate.