What Is a Heggstad Petition in California? And When Would You Need One?

If a loved one passes away with a living trust but their home isn’t properly titled into it you might assume you’re stuck with full probate. Fortunately, California law offers a workaround: the Heggstad Petition.

For families in Los Angeles County and Orange County, understanding how a Heggstad Petition works could mean the difference between a smooth property transfer and a drawn-out, expensive probate process.

Here’s what you need to know.

What Is a Heggstad Petition?

A Heggstad Petition is a court filing that asks a probate judge to confirm that a piece of real estate (or another asset) belongs to a trust even though the paperwork wasn’t properly completed before death.

The petition stems from a 1993 California court case, Estate of Heggstad, where the court allowed a property to be included in a trust based on the decedent’s documented intent.

In short: It’s a way to fix a missing or incomplete transfer after the fact, saving families from a full probate process.

When Would You Use a Heggstad Petition?

You might need a Heggstad Petition if:

• The decedent had a valid living trust.

• A home or property was mentioned in the trust documents.

• The property was never formally retitled into the trust.

• You want to avoid full probate court over the asset.

This situation often arises when someone creates a trust but forgets (or never gets around) to transferring their real estate into it properly.

What the Heggstad Petition Process Looks Like

If you need to file a Heggstad Petition in California, here’s the basic flow:

1. File a Petition — The successor trustee or attorney files a petition with the probate court.

2. Submit Supporting Documents — This includes the living trust, any schedules or appendices listing assets, the death certificate, and sometimes declarations or evidence of intent.

3. Court Hearing — A judge reviews the petition, hears any objections, and decides whether the asset should be treated as part of the trust.

4. Final Order — If approved, the judge signs an order officially transferring the property into the trust without full probate.

In Los Angeles and Orange County, the probate courts are experienced with Heggstad Petitions but judges require strong documentation to grant them.

When a Heggstad Petition Might Be Denied

While powerful, a Heggstad Petition is not automatic. It can be denied if:

• The trust doesn’t clearly describe the property.

• The decedent’s intent is ambiguous.

• There are missing or improperly executed documents.

• Other heirs contest the petition.

This is why working with an experienced probate or trust attorney is so critical — especially when real estate values are high.

How Heggstad Petitions Relate to AB 2016

If the home’s appraised value is under $750,000, AB 2016 the new California simplified transfer law may offer another pathway.

However, if a trust is involved and a property should have been included, the Heggstad Petition often provides a safer, more definitive resolution.

Why It Matters in Southern California

In Los Angeles and Orange County, even small homes can easily be worth $800,000 or more. Having to go through full probate on a high-value property because of a missing deed transfer could:

• Tie up the estate for 12–18 months.

• Trigger thousands of dollars in legal and court fees.

• Risk conflicts between heirs.

A successful Heggstad Petition can shorten the process dramatically — and protect both the estate’s value and family relationships.

Need Help Navigating a Heggstad Situation?

At The Borges Real Estate Team, we specialize in probate and trust real estate across Los Angeles and Orange County.
While we’re not attorneys, we work hand-in-hand with trusted estate planning lawyers and know how to help families handle real estate complications like unfunded trusts.

If you’re facing a possible Heggstad Petition situation, or you’re unsure how to proceed with a trust-held property, we offer free, no-pressure consultations to help you get clarity.

Contact us anytime we’re here to help.