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In Los Angeles County, a Heggstad Petition is used when someone passes away with a living trust in place, but certain assets were never formally transferred into the trust. Instead of initiating a lengthy and costly probate process, this petition asks the Los Angeles County Superior Court to recognize the decedent’s original intent and issue a court order that transfers the omitted assets into the trust.
To initiate the process, the Heggstad Petition must be filed with the Los Angeles County Superior Court, Probate Division. Once filed, a hearing date is set, and the petitioner may be required to attend the court appearance. At Laguna Legal, we manage every aspect of the process—from drafting the petition to filing all necessary documents—ensuring a smooth, efficient, and legally compliant experience for our clients.
The cost of filing a Heggstad petition in Los Angeles typically ranges from $2,500 to $5,000, depending on the complexity of the case and the documentation involved. This amount includes attorney fees, court filing fees, and potential publication or service costs. At Laguna Legal, we offer transparent, flat-fee pricing to help clients avoid unexpected expenses during the probate process. Contact us for a personalized quote based on your specific situation.
The Heggstad petition process in Los Angeles generally takes 6 to 12 weeks from filing to approval, assuming the petition is uncontested and all documentation is in order. Delays may occur if court calendars are backed up or if the petition is challenged. Laguna Legal helps streamline the process by ensuring your petition is correctly prepared and filed with the Los Angeles Superior Court.
Under California Probate Code §850 and related statutes, notice of a Heggstad petition must be served on all interested parties, including heirs, beneficiaries, and possibly creditors. In Los Angeles County, a Notice of Hearing (Form DE-120) must be personally served or mailed at least 15 days before the scheduled hearing, and in some cases, publication in a local newspaper may be required. Laguna Legal ensures that all notice requirements are met to avoid delays or legal challenges.
There is no specific statute of limitations for filing a Heggstad petition in Los Angeles, but it is generally advisable to file as soon as an issue is discovered regarding an asset that was not formally titled in the name of a trust. Delays could complicate the estate administration process or lead to disputes among beneficiaries. Acting promptly helps preserve trust intent and avoid probate. Laguna Legal can help determine the appropriate timing based on your situation.
The Heggstad petition procedure begins with preparing and filing a Petition to Determine Trust Asset (Probate Code §850) with the Los Angeles County Superior Court, Probate Division. The petition must include a copy of the trust, supporting declarations, and evidence that the asset was intended to be part of the trust. After filing, a court date is assigned and notices must be sent to all interested parties. If approved, the judge will issue an order confirming the asset belongs to the trust. Laguna Legal handles the entire process with care, ensuring compliance and accurate documentation.
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We’ve been providing Southern California with Excellent Legal Document and Divorce Mediation services since 1998.
We service the following counties: Orange, Los Angeles, San Bernardino, Riverside, San Diego, San Luis Obispo, Kern, Santa Barbara, Ventura and Imperial.
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aBonded and Certified Legal Document Assistant, LDA #267. We are not attorneys and cannot give legal advice. A Legal Document Assistant provides only self help service to a member of the public who is representing him/her self in a legal matter. We are, however, very experienced and knowledgeable in preparation of living trusts, deeds and other legal documents including divorce mediation. We work closely with several attorneys who can give you the legal advice you need.
