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California Probate Code

Probate Code Section 850: Heggstad Petitions

Probate Code 850 allows petitions to determine whether property belongs to a trust, often used when assets were never properly transferred to the trust.

2 Related Forms
3 Related Sections

In This Guide

Plain English Explanation

A Heggstad Petition (named after the case Estate of Heggstad) is used when someone created a trust but forgot to actually transfer assets into it. If the trust documents show clear intent to include specific property, the court can order that property treated as trust property - avoiding probate. This is much faster and cheaper than full probate and saves the day when trust funding was incomplete.

Key Points to Remember

Used when trust exists but assets weren't properly transferred into it
Must show clear intent in trust documents to include the property
Often used for real property where deed was never recorded
Schedule A or pour-over provisions in the trust are key evidence
Much faster than full probate (typically 6-8 weeks)
Title companies and financial institutions accept Heggstad orders

Full Statutory Text

The following persons may file a petition requesting that the court make an order under this part:
(a) The trustee or any successor in interest of the trustee.
(b) Any beneficiary.
(c) Any other interested person.

The petition may request that the court:
(1) Determine the existence of a trust.
(2) Determine the validity of a trust provision.
(3) Transfer property to a trust.
(4) Determine whether property is trust property or owned by the trustee in the trustee's individual capacity.

California Probate Code Section 850

Practical Application

Before opening probate for unfunded trust assets, check if a Heggstad petition is viable. Look for: (1) A schedule attached to the trust listing the property, (2) Pour-over provisions, (3) Any document showing intent to include the property. Even informal notes or letters may support a Heggstad petition.

Practical Tips

  • Always review the trust schedule and pour-over will first
  • Gather any evidence of intent (notes, letters, emails)
  • A Heggstad petition is filed in probate court even though it's a trust matter
  • Some counties have local rules for Section 850 petitions
  • Consider whether property value justifies the petition cost

Frequently Asked Questions

What is a Heggstad petition?

A court petition under Probate Code 850 asking the court to determine that specific property belongs to a trust, even though it was never formally transferred. It's named after the 1993 case Estate of Heggstad where this procedure was established.

What evidence do I need for a Heggstad petition?

The key is showing the trust creator's intent to include the property. This typically comes from Schedule A of the trust, the trust's pour-over provisions, amendments listing the property, or other written expressions of intent.

How long does a Heggstad petition take?

Typically 6-8 weeks from filing to order, compared to 8-18 months for full probate. Some courts are faster.

Can all unfunded trust assets use a Heggstad petition?

No. You need sufficient evidence of intent. If the trust has no schedule, no pour-over will, and no evidence of intent to include specific property, you may need full probate.

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Browse All Probate Code Sections

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Section 850
Heggstad Petitions