The ability to file a Heggstad Petition eliminates the need for many estates to go through a California probate. But what exactly is a Heggstad Petition and who and when can you use the Heggstad process? The Heggstad process is used to transfer a decedent’s assets into their living trust after they die, when those assets were not properly put into their trust before they died. Surprisingly, is very common for assets to mistakenly not make their way into a person’s living trust before dying. This occurs for many reasons. Sometimes a homeowner removes their property from their trust so they can refinance the property. In this regard, more often than not they fail to put the property back into the trust. When someone files a California Heggstad Petition, they are requesting a court order that confirms the property listed in the trust schedule as being part of the trust, even though the title of the asset may not reflect this. This article goes into further detail about filing a Heggstad Petition.
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