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To begin the process, the Heggstad Petition must be filed with the San Joaquin County Superior Court, Probate Division in Stockton. Once the petition is filed, a hearing date is scheduled, and the petitioner may be required to appear in court. At Laguna Legal Help, we handle every step of the process—from drafting the petition to filing all required documents—ensuring a smooth, efficient, and fully compliant experience for our clients in and around Stockton.
To initiate the process, the Heggstad Petition must be submitted to the San Joaquin County Superior Court, Probate Division. After filing, a hearing date is set, and the petitioner may need to attend the court appearance. At Laguna Legal, we manage every aspect of the filing—from preparing the petition to submitting all necessary paperwork—providing a seamless and legally sound experience for our Stockton-area clients.
The total cost for a Heggstad petition in Stockton can vary based on the complexity of the estate and attorney involvement. Court filing fees in San Joaquin County are typically around $465. If you work with a legal document preparation service like Laguna Legal Help, your total cost will generally be much lower than hiring a probate attorney, which can run $2,500 or more depending on the circumstances. We offer a more affordable, flat-fee alternative for eligible clients.
Once a Heggstad petition is filed in San Joaquin County Superior Court, the timeline to resolution is typically 6 to 12 weeks, depending on the court’s schedule, whether there are objections, and how quickly the proper notice is served. In uncontested cases, the petition can be granted without a hearing. If a hearing is required, the timeline may be extended based on the court calendar and any legal complications.
You must notify all heirs, beneficiaries, and interested parties of the petition. This includes providing formal written notice at least 15 days before the court hearing. The notice must comply with California Probate Code and local San Joaquin County rules. Laguna Legal Help ensures that notice is handled correctly and that all required parties are served in a timely manner.
There is no fixed statute of limitations specifically for filing a Heggstad petition, but it should be filed as soon as the issue is discovered—typically during the trust administration process. Delay can lead to complications or even legal disputes from other beneficiaries or interested parties. Acting promptly protects the estate and ensures smoother administration.
The process begins with gathering evidence that the decedent intended to include the omitted asset in their trust (such as a signed trust schedule or trust amendment). Laguna Legal prepares the necessary court forms, including the Petition to Confirm Trust Assets (Heggstad Petition), along with supporting declarations and exhibits. We file your petition with the San Joaquin County Superior Court, serve notice to all required parties, and monitor the status until the court renders a decision. In many cases, the petition can be approved without a formal hearing.
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About Us
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.
Contact Us
Address:
Laguna Legal Headquarters
24800 Chrisanta Drive, Suite 200
Mission Viejo, CA 92691
Phone:
800-497-9850
Fax:
949-497-9877
Email:
team@lagunalegalhelp.com
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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.
