Losing a loved one is never easy. Complicated and confusing estate matters can make it even harder to bear the loss, especially if some assets were not properly funded into a Revocable Living Trust during the deceased’s lifetime.
If you’re a successor trustee or a family member responsible for estate administration, you might be wondering: "What happens if certain assets weren’t included in the trust?"
In many cases, a full California Probate might seem inevitable. But there’s good news—a Heggstad Petition can often help you avoid lengthy, costly probate proceedings.
As trusted California probate and estate planning attorneys, Amichai Law here to guide you through this process, ensuring your loved one’s assets are protected and distributed smoothly.
If you are a successor trustee and have discovered that certain assets were mistakenly left out of the deceased’s Revocable Living Trust, contact us now to see if a Heggstad Petition is the recommended solution.
Key Takeaways About Heggstad Petition Lawyers
- What is a Heggstad Petition? A Heggstad Petition is a legal tool under California Probate Code Section 850 that allows assets mistakenly left out of a trust to be recognized as part of the trust estate, avoiding formal probate.
- Who Can File? The successor trustee is typically responsible for filing the petition to streamline estate administration and ensure assets are distributed according to the trust.
- Benefits Over Probate: A Heggstad Petition is faster (usually resolved within six months) and more cost-effective than traditional probate, which can take 18–24 months and incur significant fees.
- Process Overview: The process involves a free consultation, document preparation, a court hearing (often virtual), and a final court order confirming the assets as part of the trust estate.
- Legal Guidance is Essential: Working with an experienced attorney helps avoid delays and complications.
What is a Heggstad Petition?
A Heggstad Petition is a legal request filed with the California Probate Court, asking the judge to recognize that specific assets should be considered part of the deceased’s trust estate—even if they weren’t formally transferred into the trust during their lifetime.
This petition is based on Section 850 of the California Probate Code, and it’s a powerful tool for successor trustees and beneficiaries who want to avoid the lengthy process of formal probate. Essentially, it seeks to confirm that assets left out of the trust still belong to the trust estate, allowing for a smoother and faster transfer to beneficiaries.
Who Can File a Heggstad Petition?
The responsibility of filing a Heggstad Petition generally falls on the successor trustee of the trust. If you are acting as the successor trustee and discover assets that weren’t funded into the trust, you may be able to use this process to streamline estate administration.
Need help determining if a Heggstad Petition is right for your situation? Contact us today! Amichai Law here to assist you with dedicated guidance and personalized legal support.
Benefits of Filing a Heggstad Petition
Compared to the traditional California Probate process, a Heggstad Petition offers significant advantages:
Speed
While probate typically takes 18 to 24 months to finalize, a Heggstad Petition usually wraps up within six months or less. This is because it involves only one court hearing and fewer procedural steps, helping you save time when it matters most.
Cost
Probate can be expensive. Legal and administrative fees for a $500,000 estate often total around $26,000 or more. A Heggstad Petition typically incurs much lower legal fees, making it a cost-effective solution for your family’s estate planning needs.
How the Heggstad Petition Process Works
1. Free Consultation
The first step is understanding whether a Heggstad Petition is appropriate for your specific situation. Contact us for a free consultation to discuss your assets and estate goals.
2. Gathering and Preparing Documents
We’ll assist in collecting and drafting all necessary paperwork, including proof that the assets in question were intended to be part of the trust. Then, we file these documents with the California Probate Court.
3. Court Hearing
Once your case is scheduled for court, you will be notified by us of the date. You won’t need to appear in court in person; we may (depending on the county in question) provide a link so you can attend via video, making the process convenient and stress-free.
4. Final Court Order
When the court approves the Heggstad Petition, it confirms that the assets are part of the trust estate. From there, we can proceed with distributing the assets in accordance with the trust’s instructions.
Heggstad Petition Attorney FAQs
What happens if assets were not properly funded into a trust?
If assets were not transferred into a Revocable Living Trust during the deceased’s lifetime, they may still be included in the trust estate through a Heggstad Petition. This legal process can help avoid formal probate and ensure the assets are distributed according to the trust’s instructions.
Can a Heggstad Petition be used for all types of assets?
Not all assets qualify for a Heggstad Petition. Typically, there must be clear evidence, such as a trust document or written intent, showing that the assets were meant to be part of the trust. Consulting an attorney ensures you understand whether your specific assets qualify.
How does California Probate Code Section 850 apply to a Heggstad Petition?
Section 850 of the California Probate Code provides the legal foundation for filing a Heggstad Petition. It allows the court to confirm that certain assets belong to the trust estate, even if they weren’t formally transferred during the trust creator’s lifetime.
Why Choose Amichai Law for Your Heggstad Petition?
At Amichai Law, we’re committed to providing professional, approachable, and personalized legal services tailored to families like yours. Here’s why you should trust us with your estate planning and probate needs:
- Experience: We have a deep understanding of California Probate Law and Revocable Living Trusts.
- Approachability: We listen carefully and explain legal options in clear, everyday language.
- Accessibility: We’re available to answer your questions and support you throughout the entire process.
Let’s work together to protect your family’s future and ensure your loved ones are cared for. Contact us today for a free consultation!