To file a Heggstad petition in California, you draft a petition under Probate Code section 850 showing written evidence that the settlor intended an asset to be part of their living trust, file it with the probate division of the superior court where the trust is administered, give at least 30 days’ notice to every trustee and beneficiary, attend the scheduled hearing, and then use the signed court order to retitle the asset. The proceeding typically wraps up in two to three months and replaces what would otherwise be a full probate case.
When a Heggstad Petition Is the Right Tool
A Heggstad petition asks a probate judge to declare that a specific asset legally belongs to a living trust, even though the asset was never formally retitled in the trust’s name. It works only when you can show, in writing, that the person who created the trust intended the asset to be inside it. Verbal claims from family members will not satisfy a judge.
California case law sets out two requirements: the property owner must be the same person who created the trust and named themselves as trustee, and the trust document must satisfy the statute of frauds, meaning a signed written instrument identifies the property.1Justia Law. Ukkestad v. RBS Asset Finance Inc., 235 Cal. App. 4th 468 (2015) The written evidence usually falls into one of three categories:
- A schedule of assets attached to the trust (often labeled “Schedule A”) that identifies the property.
- A general assignment clause in the trust declaring that all of the settlor’s property is transferred to the trust. Courts have accepted this language even when a specific asset is not named individually.
- Correspondence or notes to attorneys or advisors discussing the plan to include the asset. These are weaker on their own than language in the trust itself.
If the trust document has no schedule, no general assignment clause, and no other written reference to the asset, the petition is unlikely to succeed. That is where most petitions fall apart: the settlor told family they wanted everything in the trust, but the trust document does not reflect it.
Documents to Gather Before Drafting
There is no fill-in-the-blank Judicial Council form for a Heggstad petition. Before you start drafting, pull together:
- The original living trust document, including any amendments or restatements.
- Proof of how the asset is currently titled — a copy of the property deed or a recent account statement.
- A certified copy of the settlor’s death certificate.
- A complete list of all trust beneficiaries and the settlor’s legal heirs, with full names and current mailing addresses. Every one of them must be formally notified before the hearing.
One step people often overlook: once the settlor dies, a revocable living trust becomes irrevocable and generally needs its own Employer Identification Number from the IRS. If the trust will hold income-producing assets or if a bank requires one to open a trust account, apply for an EIN before or shortly after filing. The IRS online application produces the number immediately.
Drafting and Filing the Petition
The petition is a custom legal document, usually titled something like “Petition for Order Confirming Trust Assets.” It must lay out who the petitioner is, what asset is at issue, why the asset was never formally transferred, and what written evidence demonstrates the settlor’s intent. Cite Probate Code section 850 as the legal basis for the court’s authority.2California Legislative Information. California Probate Code 850 – Conveyance or Transfer of Property Claimed to Belong to Decedent or Other Person
File the petition with the probate division of the superior court in the county where the trust is administered. Under Probate Code section 17002, the principal place of administration is wherever day-to-day trust activity takes place; the fallback is the trustee’s residence or usual place of business.3California Legislative Information. California Probate Code 17002 – Principal Place of Administration If the trustee lives out of state, filing in the county where the property is located is the typical approach.
As of January 1, 2026, the statewide filing fee for a probate petition under Government Code section 70655 is $435. Riverside, San Bernardino, and San Francisco add a local courthouse-construction surcharge, so totals in those counties run slightly higher.4Judicial Council of California. Statewide Civil Fee Schedule Effective January 1, 2026 Make several copies of the full filing package before you submit the original. The clerk will assign a case number, stamp your copies, and schedule a hearing date — usually several weeks to a few months out.
Notifying Trustees, Beneficiaries, and Third Parties
After filing, you must give notice to everyone whose interests could be affected. Probate Code section 17203 requires that all trustees and all trust beneficiaries receive notice at least 30 days before the hearing.5California Legislative Information. California Probate Code 17203 – Notice of Hearing If anyone else has a potential claim to the asset, such as a creditor or a person who holds title, they must also be served at least 30 days in advance, and the court cannot shorten that deadline.
For beneficiaries and trustees, delivery by first-class mail to their last known address satisfies Probate Code section 1215.6California Legislative Information. California Probate Code 1215 – Delivery of Notice For non-beneficiary third parties whose rights are affected, formal service of process under the Code of Civil Procedure is required, which usually means personal delivery or substituted service. Send a copy of the filed petition along with the Notice of Hearing the clerk provided.
The Hearing
If the petition is well-supported and nobody objects, the hearing is often brief. Some judges approve uncontested petitions without requiring an appearance, relying on the filed paperwork alone. If an interested party objects — a beneficiary disputing the settlor’s intent, or a third party claiming ownership — the hearing becomes contested and the judge hears evidence from both sides. Contested hearings are uncommon when the trust document clearly references the property, but they happen when the written evidence is thin.
When the judge grants the petition, you receive a signed court order declaring that the asset belongs to the trust. Ask the clerk for several certified copies. You will need them for retitling, and they typically cost a few dollars each.
Retitling the Asset After the Court Order
The order alone does not change how the asset is registered in public records or at financial institutions. Use the certified order to retitle each asset:
- For real estate, record the certified order with the County Recorder’s Office in the county where the property is located. Recording fees vary by county but are generally modest.
- For financial accounts, present the certified order to the bank or brokerage and request that ownership be changed to the trust.
- For vehicles or other titled property, contact the DMV or the relevant agency with the court order and any required transfer forms.
Until retitling is complete, the order exists only as a court record. For real estate, recording the order is what puts the world on notice that the trust owns the property.
If the Petition Is Denied
A denial means the asset stays in the settlor’s individual estate and must go through full California probate. That is the outcome the petition was designed to avoid, and the cost difference is substantial. Statutory probate fees under Probate Code section 10810 run 4% on the first $100,000, 3% on the next $100,000, 2% on the next $800,000, and 1% above that up to $9 million — paid to both the attorney and the personal representative.7California Legislative Information. California Probate Code 10810 – Compensation of Attorney for Personal Representative On an $800,000 home, that is roughly $19,000 in attorney fees plus another $19,000 for the personal representative.
Most denials trace back to evidence problems: no schedule of assets, no general assignment clause, no other written indication that the settlor meant to include the property. Sometimes the petition itself is the issue, with incomplete paperwork or a filer who lacks standing. There is no formal limit on refiling, but the same petition on the same evidence will not produce a different result.
Whether to Hire an Attorney
Nothing in the law requires a lawyer, but a Heggstad petition is not a form-filing exercise. The petition must present facts and evidence persuasively enough to satisfy a probate judge, and a denial funnels the asset straight into full probate — which costs far more than the attorney would have charged for the petition itself.
If the trust document clearly lists the property on a schedule of assets and the estate is straightforward with no potential disputes among beneficiaries, a self-represented petitioner with strong organizational skills can navigate the process. If you are relying on a general assignment clause rather than a specific property listing, or if any beneficiary might contest the request, professional help meaningfully improves the odds of approval.