A Heggstad Petition is a legal process used in California to declare that a property belongs to a trust, even if it was never officially transferred into the trust. This can be particularly important in managing an estate smoothly and avoiding lengthy probate processes.
Why Might You Need a Heggstad Petition?
There are several common scenarios where a Heggstad Petition becomes necessary:
- Forgotten transfers – The person who created the trust may have forgotten to transfer the property into it.
- Incomplete transfers – The individual might have passed away before completing the property transfer into the trust.
- Paperwork errors – Mistakes in the transfer documents might have caused the property not to be transferred.
- Lack of knowledge – Sometimes, the person creating the trust may not have realized that the property title needed to be changed to be part of the trust.
- Refinancing real estate – If property was removed from a trust for refinancing purposes and never placed back, a Heggstad Petition might be needed to clarify it is part of the trust.
The Heggstad Petition Process
Here’s how the process generally works:
- Filing a Petition: Start by filing a verified petition with the Superior Court under Probate Code Section 17200. This petition should outline the facts of the case and include the names and addresses of those entitled to be notified.
- Evidence of Intent: The petition must include evidence that the person who set up the trust (the Settlor) intended for the property to be part of the trust. This can be shown by attaching a signed schedule of assets that identifies the property or through testimony by the petitioner or witnesses.
- Hearing Notification: After filing, a court hearing is scheduled. Interested parties must be given 30 days’ notice before this hearing.
- Court Hearing: The petition is then heard by a judge. The whole process generally takes about 60 to 90 days, which is significantly quicker than the usual 7-10 months required for a full probate process.
Using a Heggstad Petition can be a streamlined way to ensure that property is recognized as part of a trust, thus simplifying estate administration and potentially saving considerable time and effort.
Click here to learn more about Heggstad Petition.
Source: California Title Company
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Shirin Rezania Ramos | 858.345.0685 | www.shirinramos.com | Compass, DRE 0203379
