Heggstad Petition (Probate Code § 850)

A Heggstad petition is a legal procedure used to transfer real property into a trust after someone has passed away, when the property was intended to be part of the trust but was never formally titled in the trust’s name. This often occurs when a person creates a living trust but does not complete the final step of transferring the deed. Instead of requiring a full probate, the court can be asked to confirm that the property belongs to the trust based on written evidence of the decedent’s intent.

If the court grants the petition, it issues an order confirming the property is a trust asset, allowing the trustee to manage or transfer it according to the trust terms. This process is typically faster and less expensive than probate, but it still requires proper documentation and legal filings. Working with a probate attorney can help ensure the petition is prepared correctly and increase the likelihood of a successful outcome.