In this post, we are going to look at the Heggstad petition that can be used in the state of California. It is relevant from an estate planning perspective because it can be useful in some cases when a revocable living trust has been created.
Let’s look at the living trust from an overview before we get into the Heggstad petition.
Court-Supervised Process
A will is a commonly used estate planning device, but there is a misconception about wills. Many people think that the administration of an estate is really simple when a will is used.
The executor distributes the assets according to the wishes stated in the will, and that’s all there is to it, right? In actuality, things don’t work this way. A will must be admitted to probate, and the court will supervise during the estate administration process.
Probate Drawbacks
During probate, final debts are paid, so creditors must be notified. The assets are identified, inventoried, and prepared for distribution to the beneficiaries. All this is time-consuming, and no inheritances are distributed while the estate is in probate.
Secondly, expenses accumulate that consume a noticeable portion of an estate. Thirdly, the records are available to interested parties, so there is a loss of privacy.
Streamlined Estate Administration
If you use a living trust instead of a will to transfer assets, everything is different. You will be the trustee while you are living with full control of the trust on every level. After you die, the trustee that you named to succeed you will assume the role.
They can administer the trust outside of probate. There would be no court involvement at all, so the drawbacks that we looked at above would be avoided. Plus, in a general sense, the process is streamlined because the assets that comprise the estate are all held in the trust.
Personally Held Assets
You could pass away while you have personal property still in your possession that you never conveyed into the trust. The transfer of the property would be subject to the full probate process if you do nothing to prepare for this eventuality.
However, if you include a pour-over will in your estate plan, those assets will be “poured over” into the trust. The probate court would be involved in this process, but it would be very straightforward.
Heggstad Petition
Now that we have provided the necessary background information about living trusts, we can get into the Heggstad petition. In some cases, there can be assets left out of a trust when there is no pour-over will.
A Heggstad petition can potentially be filed under these circumstances. It would contend that the decedent intended to place the assets into the trust. If there is ample evidence to support this contention, the court could allow for the transfer of the assets over to the trust.
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As you can see, different approaches can be taken, and the right way to proceed will depend on the circumstances. Personalized attention is key, and this is what you will receive when you work with our firm.
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- What Is a Living Trust? - August 3, 2026
- A Basic Guide to Trusts in Estate Planning - July 31, 2026
- Don’t Outlive Your Money: Planning for Longevity Risk - July 27, 2026
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