How to access property deeds for trust litigation in California: Complete Guide

The Quick Answer: Property Deeds Are Public Records—And They Can Be Crucial Evidence in Trust Disputes

If you’re involved in a trust dispute in California, especially over real estate, accessing the property deed is one of the most important steps you can take. Deeds are publicly available through the county recorder’s office and can reveal key facts about ownership, title transfers, trustee actions, and possible wrongdoing.

At Moravec, Varga & Mooney, we regularly obtain and analyze property deeds in trust litigation to expose unauthorized transfers, clarify ownership history, and support claims of breach of fiduciary duty.

Why Deeds Matter in Trust Disputes

In trust litigation, real property is often the largest or most contested asset. Property deeds can reveal:

• Whether a property was properly transferred into or out of the trust

• If a trustee acted without authority

• Evidence of self-dealing, such as transfers to the trustee or their relatives

• Forged or backdated documents

• Whether a decedent owned the property as an individual, joint tenant, or as trustee

Deeds often serve as critical evidence in lawsuits to recover or return trust property.

How to Obtain a Property Deed in California

Step 1: Identify the County

Property deeds are recorded in the county where the property is located.

Step 2: Search the County Recorder's Office

Most county recorders offer online access. You can search by:

• Property address

• Assessor’s parcel number (APN)

• Name of the grantor or grantee

Step 3: Request Official Copies

You can usually download unofficial PDFs for free, but certified copies (used in court) can be purchased online or in person.

💡 Tip: If you’re investigating historical ownership, request a chain of title report from a title company for a more comprehensive view.

What to Look for on the Deed

When reviewing a deed, pay close attention to:

• Grantor and grantee – Who transferred and who received the property

• Date of transfer – Compare this to other trust activity or suspicious events

• Capacity – Was the grantor acting as an individual or as trustee?

• Legal description – Confirms the exact parcel being transferred

• Notary and recording date – Can help detect improper backdating

These details can confirm or contradict the trustee’s actions and support claims under Probate Code §850 (also known as a Heggstad petition or trust transfer claim).

What Happens If the Deed Was Never Transferred into the Trust?

This is a common issue. A decedent may have intended to transfer property into a trust but failed to sign or record a deed. In these cases, a Heggstad petition may be filed to ask the court to confirm the property as trust-owned, even without a recorded deed.

We assist clients in:

• Evaluating deed history

• Filing Heggstad petitions

• Contesting improper title changes made by a trustee or third party

Let Our Attorneys Investigate the Deed Trail for You

If you're a beneficiary, co-trustee, or heir concerned about how real property has been handled, don’t wait. Deed records may reveal key evidence of wrongdoing—or your rightful claim to the property.

📞 Contact Moravec, Varga & Mooney to schedule a consultation and begin your trust property investigation.