A home left out of the trust, put back without probate.
People set up a living trust, then a refinance or a missed signature leaves the house in their personal name. When they pass, that one asset looks headed for full probate. A Heggstad petition asks the court to transfer it into the trust instead — and that’s the work Brandon Smith handles.
Free consultation. No retainer to talk. Same-day callbacks.
At a glance
- What it does
- Transfers an overlooked asset into a living trust
- Filed under
- California Probate Code § 850
- Typical timeline
- About 4 months
- Flat fee
- $4,999 (as of 2026)
Most people find us by the problem, not the legal name.
You don’t need to know what a Heggstad petition is to know something’s wrong with how an asset is titled. See if any of this sounds like what you’re dealing with.
- A parent or spouse had a living trust — but the house, a bank account, or another asset is still in their personal name.
- The home was refinanced at some point, the lender put it back in their personal name, and it was never moved back into the trust.
- You’ve been told the estate has to go through probate, even though most of it was already in the trust.
- There’s a trust schedule, an email, or written instructions showing they meant to put the asset in the trust.
- One overlooked asset is the only thing standing between your family and skipping probate.
One asset, the wrong name on it.
A Heggstad petition asks the court to transfer an asset that was in the decedent’s personal name — real property, a business, a brokerage account — into their revocable living trust after death. It’s a posthumous trust asset transfer, granted only when there’s evidence the person intended the asset to be in the trust but never finished the trust funding. Once the order is signed, the trustee can manage and distribute that asset to each beneficiary the way the trust always intended.
Here’s the scenario we see most. Dad’s house was titled in the name of the trust. At some point he refinanced, and the lender required the property to be in his personal name first — very common. Dad didn’t know he had to deed it back into the trust. He dies with the house in his own name.
On those facts, we can usually file a Heggstad and have the court move the house into the trust instead of sending it through probate. On a $1,000,000 home, that’s $4,999 for the petition instead of about $23,000 for full probate. Same house, same family, a fraction of the cost and the time. For that one asset, the petition is the cleanest way to avoid probate.
Why the difference is worth filing for.
A Heggstad is one hearing. Probate is a year of them. Here’s the honest comparison on the same asset.
| Where it lands | Heggstad petition | Full probate |
|---|---|---|
| Court hearings | Typically one | A minimum of four |
| Notices to parties | Once | Required for each hearing |
| Accounting | Not required | Required |
| Appraisal | Usually none | Independent appraisal by a court-appointed probate referee |
| Cost on a $1M home | $4,999 | ~$23,000 in statutory fees |
The honest part
We’ll tell you if it’s a losing case.
Everything turns on evidence of intent. Sometimes the record is clean and the path to a granted petition is clear. Other times the argument is weak — and filing a petition the court won’t approve just stacks another $5,000–$10,000 on top of the probate you were trying to avoid.
Most attorneys won’t say that out loud, because the weak case is still a fee. Brandon will tell you. If the argument doesn’t hold, you’ll hear it before you spend the money. And on the cases worth filing, he researches how the assigned judge has ruled on past Heggstad petitions — strict or lenient — so the petition is built for that courtroom, not a generic one.
From first call to recorded order.
Six stages. You make the decisions; we handle the filing, the notice, and the hearing.
- 01
A right-fit call, then onboarding
We start with a consultation to see whether a Heggstad is even the right tool. If it is, we open the file, sign the engagement letter, and schedule your working meeting.
- 02
Document review and the intent question
In person or remote, we go through the will, the trust, the trust schedule, title records, and account statements — looking for the evidence of intent that makes or breaks the petition. Then you get a plain summary of the action we propose.
- 03
Draft the petition, you approve it
We draft the § 850 petition, the supporting declaration, and the exhibits. You review and sign only once it’s right. Nothing gets filed before you’ve seen it.
- 04
File, serve notice, calendar the hearing
We file with the court, serve every interested person, and set the hearing date. This is the step DIYers get wrong — and it’s where most cases stall for months.
- 05
Check tentative rulings, attend the hearing
We read the court’s tentative ruling under the local rules, supply any further evidence the judge wants, and appear to argue the petition if it’s needed.
- 06
Order signed and recorded
We submit the proposed order for the judge’s signature. Once it’s signed, we record the certified order with the county recorder on the chain of title for real property — or submit it to the financial institution holding the account. The asset is now in the trust, and the family has avoided probate on it entirely.
What it costs, and what slows it down.
Brandon files Heggstad petitions on a flat fee — $4,999 as of 2026 — instead of an open hourly rate. That covers the petition, court filing fees, service, and the hearing. You know the number before you commit.
Plan on about four months. The delays almost never come from the drafting — they come from gathering the documents that prove intent, and from the court’s own calendar. One Placer County matter took three months just to issue the certified order after the judge signed it.
We’ll always need the will, the trust, and any document tied to the trust’s assets — a Schedule A, a deed, a brokerage statement. What else you’ll need to gather depends on the asset, and we’ll give you that list at the first meeting.
What families ask before they file
The questions we hear most about Heggstad petitions in California. If yours isn’t here, ask it on a free call.
What is a Heggstad petition?
A Heggstad petition asks the probate court to transfer an asset — real property, a bank account, a brokerage account, a business — that was sitting in the decedent’s personal name into their living trust after death. It’s filed under California Probate Code § 850, and the court grants it when there’s evidence the person meant the asset to be in the trust but never finished retitling it.
How long does a Heggstad petition take in California?
About four months is typical, start to finish. The fastest move quickly once the evidence is clean; the longest run close to a year. The delay almost always comes from gathering documents — and from the court itself. One Placer County matter took three months just to send back the certified order.
How much does a Heggstad petition cost?
Brandon offers Heggstad petitions on a $4,999 flat fee as of 2026. Compare that to full probate: on a $1,000,000 home, a Heggstad runs $4,999 versus about $23,000 in statutory probate fees. Court filing fees and service costs are part of the flat fee, so there’s no surprise billing later.
What evidence do I need for a Heggstad petition?
You need proof the decedent intended the asset to live in the trust. That’s why title records matter so much. A trust schedule (Schedule A), a grant deed history, emails or instructions to a financial institution — any document showing intent. Brandon always needs the will, the trust, and anything tied to the trust’s assets. The rest is case by case.
Can I file a Heggstad petition myself?
It’s hard to do alone. The petition is a legal argument — you have to know the law, cite the right cases, and apply them to your facts. The bigger trap is notice. Every interested person has to be served correctly, and if notice is wrong, you don’t get to fix it before the hearing. You get kicked another three months. That’s how a four-month case becomes a twelve-month one.
Which court hears a Heggstad petition?
The probate court in the county where the decedent lived. For local families that’s often Placer County Superior Court. Brandon also researches how that court’s judges have ruled on past Heggstad petitions — strict or lenient — before deciding how to present yours.
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Not sure a Heggstad fits your situation? Find out first.
Send us the will, the trust, and what happened with the asset. We’ll tell you whether a Heggstad petition will work, what evidence the court will want, and what it will cost — before you decide anything. The first call is free.
Brandon Smith · CA Bar #308604 · Admitted 2015 · Roseville