The filing of a California Heggstad Petition is a court process used to get a court order declaring that property listed on a trust schedule is nevertheless a trust asset, despite the fact that title to the property was not formally transferred to the trust. In order to clear title to the property so that it can be sold, refinanced or transferred to the rightful beneficiary. Properties valued over $166,425 would usually have to go through a full probate process. Fortunately, California law allows for a shortened and much less expensive option for those caught in this situation. Sometimes, the filing of a California Heggstad petition can work to transfer the property to the beneficiaries rather than the estate having to be fully probated.
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