An uncontested Heggstad petition filed ex parte in Santa Clara County is typically granted in 7 to 10 days from the e-filing date. It works when all interested parties to the trust agree to waive notice of a hearing and consent to the petition. Our office files these petitions for trusts located in any county in California.
Key Takeaways
- A Heggstad petition under Probate Code Section 850 asks the court to confirm that an asset belongs to a trust, even though title was never formally transferred.
- Uncontested petitions are filed ex parte and e-filed in Santa Clara County, where they are typically granted in 7 to 10 days.
- Trusts in Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, Santa Barbara County, and other counties can use this route when all interested parties agree to waive notice of a hearing and consent.
- Written records, such as a trust schedule or general assignment, help show the decedent intended the property to belong to the trust.
Table of Contents
- What is an uncontested ex parte Heggstad petition?
- How fast is the ex parte route?
- Can a trust in Los Angeles, Orange, San Diego, or another county use Santa Clara County?
- What evidence shows the decedent intended property to be a trust asset?
- What if the asset is not on the Schedule of Trust Assets?
- Who can file a section 850 petition?
- What does the petition packet include?
- What about wrongfully held assets?
What is an uncontested ex parte Heggstad petition?
A Heggstad petition asks the probate court to confirm that property belongs to a trust. A typical example is a house that stayed in the decedent’s name even though the trust was meant to hold it. In an uncontested ex parte petition, the interested parties consent and waive notice of a hearing, so no formal hearing is needed.
The petition is brought under Probate Code Section 850. It avoids a full probate for the omitted asset. The Heggstad petition process is built around presenting the settlor’s written intent clearly to the court.
How fast is the ex parte route?
Petitions e-filed ex parte in Santa Clara County are typically granted in 7 to 10 days.
A noticed hearing is a different path. It is typically set 30 to 60 days after filing, or even several months in some counties, with additional time for notice to interested parties. According to the California Legislature, a Probate Code section 850 hearing generally cannot occur until at least 30 days after interested parties receive notice. Contested petitions take longer.
Can a trust in Los Angeles, Orange, San Diego, or another county use Santa Clara County?
Yes. Uncontested Heggstad petitions for trusts in counties outside Santa Clara, San Mateo, and Contra Costa can be handled by filing them ex parte in Santa Clara County. This applies as long as all interested parties to the underlying trust agree to waive notice of a hearing and consent to the petition.
That includes trusts administered in Los Angeles County, Orange County, San Diego County, Riverside County, San Bernardino County, Santa Barbara County, Ventura County, Alameda County, Sacramento County, Fresno County, and elsewhere in California. The petition is e-filed in Santa Clara County, and a final decision is typically made 7 to 10 days after filing.
What evidence shows the decedent intended property to be a trust asset?
The court looks for written evidence that the decedent meant specific property to belong to the trust. A document naming the asset carries more weight than a general statement about wishes.
In Estate of Heggstad, a 1993 California Court of Appeal decision reported at 16 Cal.App.4th 943, the court upheld a finding that an asset belonged to the trust despite the incomplete transfer. The trust schedule listed Halvard L. Heggstad’s 34.78% interest in the property, and that listing supported his intent.
Helpful records include:
- The trust’s Schedule A listing the property
- A general assignment of assets
- Written instructions identifying the property
- The deed, compared against the trust documents
Dates, signatures, and consistent property descriptions help the judge see the link between the asset and the settlor’s plan. For more on how assets are titled, see How to Title Assets in a Trust in California.
What if the asset is not on the Schedule of Trust Assets?
An omitted asset is not automatically excluded from a trust claim. Look for other written records showing the settlor intended that property to be in the trust, such as a general assignment or a trust document describing the asset. The court weighs the evidence as a whole. You can read more in How to Fix an Unfunded Trust After Death: California Options.
Who can file a section 850 petition?
A trustee or interested person may petition when the trustee claims property held or titled by someone else belongs to the trust. The petition states the facts supporting the claim and lists the names and last known addresses of the parties entitled to notice. It identifies the asset and explains the order requested, such as a transfer of the property into the trust.
What does the petition packet include?
Include the facts supporting the claim, copies of the trust and other testamentary instruments, and current title documents for the property. Remove confidential details such as Social Security numbers. Keep the asset description consistent across every document.
What about wrongfully held assets?
Section 850 can also reach property that someone allegedly holds or concealed. Where a court finds bad-faith taking, concealment, or disposal, the California Legislature says Probate Code section 859 makes the person liable for twice the value of the property recovered. These claims are disputes rather than uncontested petitions.
Why work with Law Offices of Robert P. Bergman?
Law Offices of Robert P. Bergman files uncontested Heggstad petitions under Probate Code Section 850 ex parte in Santa Clara County for trusts located in any county in California.
Planning ahead can avoid the problem altogether. A fully funded Revocable Living Trust, along with a Will, Durable Power of Attorney for Property, and Advance Health Care Directive, keeps your plan organized. Each plan is a custom estate plan drafted personally by Attorney Robert P. Bergman, with no paralegal hand-offs. To explore what fits your family, contact Law Offices of Robert P. Bergman or visit lawbob.com. The first consultation is a free 15-minute consultation, in person or by Zoom.
Contact the Law Offices of Robert P. Bergman## Frequently Asked Questions
What is an 850 Petition?
An 850 Petition asks a California probate court to decide a specific property claim under Probate Code section 850. A Heggstad petition is one type. A trustee may ask the court to confirm that an asset belongs to a trust even though another person holds title.
Do I need an attorney to file one?
Section 850 allows a trustee or interested person to petition. Preparing the filing means identifying interested parties, stating the legal basis, and organizing the supporting records. Our office prepares these petitions for families, attorneys, and title companies.
What if the asset isn't specifically listed on the Schedule of Trust Assets?
Look for other written records showing the settlor intended the property to be in the trust, such as a general assignment. The court evaluates the evidence as a whole, so a clear connection to the asset matters.
What does California Probate Code section 850 allow a petitioner to ask the court to determine?
It allows a petitioner to ask the probate court to resolve questions about property ownership or possession, including whether property should be transferred into or out of a trust or estate.
What facts and legal grounds must a section 850 petition allege?
The petition must state the facts supporting the claim and identify the legal basis for the requested order. It also lists the names and last known addresses of parties entitled to notice.
What evidence is needed to prove that disputed property belongs to a trust under section 850?
Evidence should connect the particular asset to the settlor’s intent. Useful materials include the signed trust, a schedule or assignment, and records describing the property, with consistent names, dates, and descriptions.
