Heggstad Petition

A Solution for Adding Real Estate to a Living Trust

At The LaRoche Team, we often assist families who discover that a loved one created a living trust, but did not transfer their real estate into it before passing. In these cases, California law offers a valuable solution known as a Heggstad Petition.

What is a Heggstad Petition?

A Heggstad Petition is a legal filing in California probate court that allows real estate or other assets to be recognized as trust property, even if the title was never formally transferred into the trust’s name.

This process originates from the 1993 case Estate of Heggstad, where the court ruled that assets clearly identified in the trust documentation could be treated as trust property, even without a formal deed or transfer.

When to Use a Heggstad Petition

A Heggstad Petition may be appropriate when:

A valid living trust exists.
The decedent listed the property (often in the trust’s Schedule of Assets).
The property title was never updated to reflect trust ownership.
There is clear evidence the decedent intended to include the asset in the trust.

Why It Matters

Without a Heggstad Petition, the property may need to go through probate, defeating the purpose of the trust. A successful petition:

Avoids full probate
Preserves privacy
Speeds up the estate process
Keeps the property within the trust for heirs or beneficiaries

Real Estate and the Heggstad Petition

Many of our clients are surprised to learn that even a small paperwork oversight, like not recording a new deed, can create significant legal issues. A Heggstad Petition corrects this, allowing the successor trustee to manage or sell the property as originally intended.

How We Help

As Probate and Trust Specialists with over 20 years of experience, we work alongside your legal counsel to support the petition process and coordinate any necessary real estate services, whether that means preparing the property for sale, managing cleanouts, or working with the court-appointed representative. Have questions about a Heggstad Petition or a trust property?

We Are Here to Help