The House Was Never Put in the Trust.
You May Not Need Full Probate.
This is one of the most common situations Dustin handles: a parent created a living trust, intended their Granite Bay or Roseville home to be in it — but the deed was never retitled. A Heggstad Petition can transfer the asset into the trust in 3–5 months, for a fraction of what full probate costs.
Full Probate on $800K estate
$38,000+
12–18 months
Heggstad Petition (typical)
$3–6K
3–5 months
What Is a Heggstad Petition?
A Heggstad Petition is a California court procedure under Probate Code § 850, established by the landmark case Estate of Heggstad (1993) 16 Cal.App.4th 943. It allows a court to order that an asset be treated as trust property — without going through a full probate — when the trust document itself establishes the settlor's clear intent to include the asset.
In plain English: your parent had a trust. They meant to put their house in it. They just never got around to signing the deed. A Heggstad Petition asks the court to honor that intent — and transfer the house into the trust where it was always supposed to be.
✅ When a Heggstad Petition Works
- ✓The trust document references the specific property
- ✓A schedule of assets lists the property
- ✓The trust was clearly intended to hold all real property
- ✓Other evidence shows the settlor's intent (e.g., insurance named the trust)
- ✓The property was partially transferred but the deed was defective
❌ When It May Not Work
- ✕The trust has no reference to the property at all
- ✕The settlor acquired the property after signing the trust and took no steps to include it
- ✕There is a contested claim to the property
- ✕The property is in another state (may need ancillary proceeding)
- ✕The trust itself is invalid or contested
Dustin MacFarlane — Certified Specialist
"The Heggstad Petition is probably the highest-value thing I do relative to cost. A family is staring at $40,000 in probate fees and a year and a half in court — and then we look at the trust document together and see the property listed right there on Page 3. That's a Heggstad case. We file it, we get a hearing in 6 weeks, and the family is done in 4 months. The difference is enormous."
How the Heggstad Petition Process Works
Review the trust document
We read the trust document carefully to identify any reference to the property — schedules, recitals, or general language. This determines whether a Heggstad Petition is viable.
File the § 850 Petition
We file in Sacramento Superior Court (Dept 129) or Placer County Superior Court (Auburn). The petition includes a declaration establishing intent, the trust document, and the legal argument.
Publication and notice
Notice is served on all interested parties. Publication may be required. The court sets a hearing date — typically 6–8 weeks after filing in Sacramento or Placer County.
Court hearing
If uncontested, the judge reviews the petition and supporting evidence at a brief hearing. Most Heggstad petitions in Sacramento are uncontested and resolved at the first hearing.
Order and deed recording
The court issues an order confirming the asset belongs to the trust. We then record the order (for real property) or present it to financial institutions. The asset is now properly in the trust.
Heggstad Petition — Questions & Answers
What is a Heggstad Petition in California?
A Heggstad Petition is a California court procedure under Probate Code § 850, based on Estate of Heggstad (1993) 16 Cal.App.4th 943, that allows assets to be transferred into a trust without going through full probate — as long as the trust document itself clearly identifies the property as trust property.
When does a Heggstad Petition apply?
A Heggstad Petition applies when someone created a living trust, intended a specific asset (usually a home) to be in the trust, but never formally retitled the asset into the trust's name before they died. If the trust document references the property or shows clear intent to include it, the court can order the transfer without a full probate proceeding.
How long does a Heggstad Petition take in Sacramento or Placer County?
A Heggstad Petition typically takes 3–5 months in Sacramento and Placer County — significantly faster than the 12–18 months required for full probate. The process involves filing the petition, publication, and a single court hearing.
How much does a Heggstad Petition cost compared to full probate?
A Heggstad Petition typically costs $3,000–$6,000 in attorney fees. Full probate on an $800,000 estate costs $38,000+ in statutory attorney and executor fees alone — plus 12–18 months of court process. The Heggstad Petition is one of the highest-value procedures in California estate law.
What if the trust doesn't mention the specific property?
If the trust document doesn't clearly establish intent to include the property, a Heggstad Petition may not succeed. In that case, the asset may need to go through full probate. An alternative is a "pour-over will" petition or a Probate Code § 13100 small estate affidavit if the asset value qualifies. Dustin can review the trust document and advise which approach applies.
Does a Heggstad Petition work for assets other than real estate?
Yes — a Heggstad Petition can apply to bank accounts, investment accounts, business interests, and other assets that were intended to be in the trust but never formally transferred. Real property is the most common scenario because deeds require a formal recording step that is easy to overlook.
What is the difference between a Heggstad Petition and full probate?
Full California probate (Probate Code § 7000 et seq.) is a court proceeding that can take 12–18 months and costs 4–8% of the gross estate value in statutory fees. A Heggstad Petition is a targeted § 850 petition that asks the court to confirm an asset belongs in an existing trust — it typically takes 3–5 months and costs a fraction of full probate.
Can I file a Heggstad Petition myself without an attorney?
Technically yes — California courts allow self-represented parties. However, a Heggstad Petition requires demonstrating the trust's intent through legal argument and evidence. If the petition is denied, the asset may have to go through full probate. Given that the stakes are typically $300,000–$1,000,000+ in real estate, most families find the attorney cost is a small fraction of the risk.
Found a Trust With a House Not in It?
Call or text now. Dustin can tell you in a single conversation whether a Heggstad Petition applies to your situation — and what it would cost vs. full probate.
Legal References & Primary Sources
The following California statutes and federal provisions govern the information on this page. Citations are provided to primary sources for verification. Laws change — consult a Certified Specialist for advice specific to your situation.
- §California Probate Code § 7000 et seq. — Commencement of probate proceedings
- §California Probate Code § 10810 — Statutory attorney compensation — 4% on first $100K, 3% on next $100K, 2% on next $800K
- §California Probate Code § 13100 — Small estate affidavit — $184,500 threshold for simplified succession
- §California Probate Code § 8000 et seq. — Appointment of personal representative
- §California Probate Code § 9000 et seq. — Creditor claims in probate
- §California Probate Code § 12000 et seq. — Distribution of estate assets
Source: California Legislature (leginfo.legislature.ca.gov) · State Bar of California · California DHCS