If you’ve passed away and your assets weren’t properly titled in your revocable living trust, your family doesn’t have to surrender those assets to the probate court. That’s where Heggstad petitions come in. As estate planning and probate administration specialists serving Santa Clara County, we’ve seen firsthand how this tool can save families thousands of dollars and months of court involvement.
A Heggstad petition is a lesser-known but powerful legal remedy that allows your family to transfer assets into your trust after your death, without going through full probate proceedings. It’s not the perfect solution for every situation, but when it applies, it can be transformative. Let’s walk through the seven key benefits and explain why families in our area should understand this option.
A Heggstad petition is a court petition that allows assets to be transferred into a revocable living trust after the grantor (the person who created the trust) has passed away. Named after the landmark California case “Heggstad v. Heggstad,” this legal remedy addresses a common problem: people create a trust but forget to retitle certain assets into that trust’s name.
Here’s the reality: We work with dozens of families each year where the deceased had a solid estate plan in place, but real estate, bank accounts, or investment properties somehow remained in their personal name rather than the trust’s name. Without a Heggstad petition, those assets would be locked in probate, even though the decedent clearly intended them to be part of the trust.
The reason this matters is timing and money. Probate can take 9 to 18 months in California, tying up assets and requiring court oversight at every step. A Heggstad petition, by contrast, allows us to ask the court for permission to transfer those assets into the trust without opening a full probate estate. It’s a streamlined path that honors the original intent while avoiding the machinery of probate.
What to do next: If your loved one recently passed and left assets outside the trust, ask your attorney whether a Heggstad petition might apply. The sooner you explore this option, the sooner you can move forward with asset distribution.
Probate is expensive. In California, probate fees are calculated as a percentage of the estate’s gross value, not the net value. An estate worth $500,000 could generate $15,000 to $20,000 in court fees and attorney costs before your family sees a dime. That’s why probate avoidance is at the heart of sound estate planning.
A Heggstad petition sidesteps these costs because it’s a focused court petition, not a full probate case. Instead of appointing an executor, inventorying every asset, getting court approval for each action, and waiting for a judge to officially close the estate, a Heggstad petition lets us present evidence to the court that the asset should have been in the trust. The court then issues an order allowing the transfer.
Consider this real-world scenario: A Santa Clara County family inherited their mother’s rental property, valued at $800,000. The property was never retitled into her revocable living trust, even though she had one. Through probate, attorney and court fees would have approached $30,000 or more. Instead, we filed a Heggstad petition. Within three to four months, the property transferred to the trust, and the family paid a fraction of what traditional probate would have cost.
The financial difference is substantial enough that it’s worth investigating every time someone passes with assets outside their trust.
What to do next: Gather documentation of the deceased’s trust and any assets that weren’t titled in the trust’s name. Your attorney can then assess whether a Heggstad petition is viable and estimate the actual cost.
The core purpose of a revocable living trust is to hold your assets during your life and transfer them smoothly after your death. When assets are properly titled in the trust from the beginning, that transfer happens automatically and without court involvement. A Heggstad petition achieves that same smooth transfer after the fact.
We explain it this way: A revocable living trust is like a container designed to hold your property. If you fill it while you’re alive, everything inside passes automatically when you die. If some property was supposed to go into that container but somehow ended up outside it, a Heggstad petition is the court’s way of saying, “We’ll help put it inside now.”
The streamlining happens because the court doesn’t need to oversee the entire probate administration. We submit the petition with evidence that the asset should have been in the trust, the court reviews it, and if the evidence is clear, an order is issued. No need for an executor to manage the asset, no inventory requirements, no creditor notification period. Just a direct transfer.
For example, a common issue we handle in Santa Clara County is bank accounts. Someone creates a revocable living trust but leaves a savings or checking account in their personal name. After they pass, that account is frozen. A Heggstad petition allows us to petition the court to transfer that account into the trust so beneficiaries can access those funds. The process is cleaner and faster than probate.
What to do next: Have your trust reviewed by an attorney to identify any assets that should be retitled. Preventing the problem is always easier than fixing it after death.
Probate moves slowly by design. California law requires a minimum waiting period of four months before an estate can be closed, and that’s only if no one contests anything. In most cases, probate takes 12 to 18 months. That’s a year or more that your family members are waiting to receive inheritances, wondering if they can sell property, or facing uncertainty about their financial situation.
A Heggstad petition compresses that timeline dramatically. The petition itself typically takes three to six months to process, compared to a year or longer for probate. Your family gets answers faster and can move forward with their lives sooner.
We worked with a family in San Jose where the breadwinner passed away, leaving a house and investment accounts outside the trust. The surviving spouse needed access to those funds to cover living expenses and mortgage payments. Probate would have locked everything up for over a year. Instead, we filed a Heggstad petition, and within four months, the assets were accessible. That family avoided months of financial stress and uncertainty.
Beyond the emotional benefit, the practical advantage is real. If your family needs to sell property, refinance, or settle the estate quickly, probate’s delay becomes a liability. A Heggstad petition lets you move faster.
What to do next: After a loss, consult with us immediately if significant assets are outside the trust. The sooner we file, the sooner your family can access what they need.
Let’s talk numbers openly. Probate fees in California are set by law and are typically much higher than the cost of a Heggstad petition. A full probate estate requires court filings, property appraisals, creditor notifications, tax returns, and multiple hearings. Each step adds cost.
A Heggstad petition is narrower. We file the petition, submit evidence that the asset should have been in the trust, and request the transfer. The court reviews our submission and makes a decision. It’s not free, but it’s significantly less expensive than probate.
For an uncontested Heggstad petition, we charge a fixed fee of $6,500.00 (as of May 2026), which includes filing fees and one certified copy of the Court order. To compare with Probate, the attorneys’ probate fees ++alone++ would be $7,000.00 if the value of the assets was only $200,000, with additional filing fees and other costs of at least another $1,000.00. If the Heggstad petition is for a house valued at $1,000,000, the attorneys’ fees in Probate would be ++$23,000.00!++ The difference of $15,500.00 would stay in your pocket.
What to do next: Ask us attorney for a written estimate of both probate costs and Heggstad petition costs for your specific situation. The financial comparison will be eye-opening.
One of the core benefits of a trust-based estate plan is avoiding probate’s public court process. Your financial affairs remain private, your family’s business stays confidential, and the transfer happens smoothly without judges, court clerks, and public records. A Heggstad petition preserves that benefit even when assets didn’t make it into the trust during your lifetime.
Probate is a public proceeding. Court documents show your estate’s value, who your beneficiaries are, and every asset you owned. Anyone can walk into the courthouse and review your file. For families who value privacy, that’s an unwelcome intrusion.
A Heggstad petition keeps the transfer within the trust framework. While the petition is filed with the court, the process is far less public than a full probate case, and the asset transfers directly into your private trust rather than through a public probate estate. Your family’s financial details stay out of the public record.
We’ve worked with business owners and high-net-worth families in Santa Clara County who specifically chose Heggstad petitions over probate to maintain confidentiality. The peace of mind is worth it to them, and the streamlined process aligns with the original intent of their trust-based plan.
What to do next: If privacy is important to your family’s situation, discuss with your attorney how a properly funded trust, backed by a Heggstad petition if needed, protects your confidential information.
Heggstad petitions require knowledge and finesse. Not every attorney regularly handles them, and mistakes can delay the process or lead to rejection by the court. We’ve spent years handling trust administration, probate avoidance, and Heggstad petitions for families throughout Santa Clara County, San Mateo County, and Contra Costa County, and that experience makes a tangible difference.
Here’s what separates skilled representation: We know exactly what evidence the court wants to see. We prepare the petition in the format judges in therse counties prefer. We file documents efficiently and communicate with the court on your family’s behalf. We anticipate potential objections and address them proactively. Most importantly, we explain the process to your family so there are no surprises.
When you work with our office, you’re not just getting a petition filed. You’re getting the benefit of years of successful closures, relationships with local courts, and a deep understanding of California trust law. We’ve helped families transfer homes, investment properties, bank accounts, and more through Heggstad petitions. That track record of success translates to smoother outcomes for you.
What to do next: Reach out to our office for a consultation. Bring documentation of the deceased’s trust and any assets that need to be transferred. We’ll evaluate your situation, explain your options, and outline exactly what we’d do to get your assets into the trust and your family moving forward. Call us or visit lawbob.com to schedule your consultation today.
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