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A Heggstad Petition seeks a court order confirming that specific real or personal property (such as real estate, bank accounts, or other assets) is an asset of a living trust based on evidence of the decedent’s intent to include it, even though title was never formally transferred into the trust’s name during the decedent’s lifetime. A successful petition can allow the asset to be administered under the trust without a full probate of that asset.

 

Typical documents prepared (based solely on information, facts, and instructions supplied by the client):

  • Verified Petition under Probate Code §850 that sets forth the facts supporting the claim to the property as a trust asset
  • Supporting declaration(s) of the petitioner and/or other declarants
  • Notice of Hearing and related notice documents required by the Probate Code
  • Proposed Order confirming the property as a trust asset
  • Organization and labeling of required exhibits/attachments (including, as applicable and as provided by the client: the trust agreement and any amendments/schedules, death certificate, current title documents or account statements, and other written evidence of intent).

 

The service also includes general procedural information regarding filing, required notice/service (typically at least 30 days), and hearing timelines. It is limited to document preparation and basic procedural guidance for self-represented clients.

PROBATE (Heggstad Petition - California Only)

$1,350.00Price
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