The Complete Guide to California Probate Code 850 and Heggstad Petitions

When administering a trust in California, one of the biggest surprises can be discovering that an asset—such as a home or investment account—was meant to be in the trust but wasn’t properly titled. This can cause delays, confusion, and even litigation among beneficiaries. Fortunately, California Probate Code § 850 and the Heggstad petition process offer a solution.

If you’re a trustee or beneficiary dealing with an asset that was left out of a trust by mistake, this guide will help you understand how a Heggstad petition works and when it’s appropriate.

What Is a Heggstad Petition?

A Heggstad petition is a legal tool used to transfer assets into a trust without going through formal probate. It’s named after the landmark California case Estate of Heggstad (1993), where the court ruled that intent, not just title, could establish trust ownership.

This type of petition is filed under California Probate Code § 850, which allows the court to settle questions about ownership of real or personal property claimed by or against a trust.

When Should You File a Heggstad Petition?

You may consider filing a Heggstad petition if:

• The decedent intended to transfer an asset to the trust, but the title was never formally changed.

• The trust schedule or exhibit lists the asset, even though title was not transferred.

• The asset is now in the name of the decedent individually, and you want to avoid probate.

Common examples include:

• Real estate listed in the trust but never deeded to the trustee

• Bank or investment accounts the settlor believed were in the trust

• Business interests, vehicles, or personal property not retitled

What Is Required in a Heggstad Petition?

To succeed, you’ll need to show:

• The decedent created a valid trust

• The asset in question was meant to be part of the trust

• There is written evidence of intent, such as a trust schedule listing the asset

• You are the trustee or interested party authorized to file

The court will examine the trust documents, the history of the asset, and any supporting evidence before ruling on whether to confirm the asset as trust property.

Benefits of Filing a Heggstad Petition

• Avoids full probate of the asset

• Saves time and court fees

• Preserves the privacy of trust administration

• Prevents disputes among beneficiaries

• Ensures all intended trust assets are distributed according to the trust terms

In many cases, a Heggstad petition can be filed within weeks and resolved without a formal probate hearing, assuming there is no opposition.

What Happens If the Petition Is Opposed?

If someone challenges the petition—often an omitted beneficiary or creditor—the case can become contested. The court will hold a hearing, and each side may present evidence about the decedent’s intent and the asset’s ownership.

If there’s uncertainty or poor documentation, the court may deny the petition and require the asset to go through probate. That’s why it’s important to work with an experienced trust attorney when filing a Heggstad petition.

Practical Tips for Trustees

• Always review the trust schedule to confirm whether assets are properly titled.

• Don’t assume that listing an asset in the trust is enough—title matters.

• If you find an asset held outside the trust, act quickly to determine whether a Heggstad petition is appropriate.

• Keep accurate records and appraisals to support your filing.

Final Thoughts

A Heggstad petition under Probate Code § 850 can be a powerful tool for trustees who discover that an asset was mistakenly left out of the trust. With proper documentation and legal support, you can often avoid probate and carry out the decedent’s wishes with minimal delay.

Need Help Filing a Heggstad Petition?

At Moravec, Varga & Mooney, we help trustees and beneficiaries resolve trust asset issues efficiently and with confidence. Whether you’re seeking to file a Heggstad petition or navigating a contested trust matter, our experienced probate attorneys are here to guide you every step of the way.

📞 Contact us today to schedule a consultation and protect your rights under California trust law.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

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