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A Heggstad Petition is a condensed form of Probate which basically tells the court that the decedent created a living trust prior to his/her death but didn’t transfer the assets into the trust. The court will issue an order for the transfer of assets.
The Heggstad Petition must first be filed with the superior court. A hearing date will be issued. The Petitioner must appear at a hearing. Laguna Legal will prepare and file all necessary paperwork for a Heggstad Petition.
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The cost of filing a Heggstad petition in California typically includes:
Court Filing Fee: Around $435, depending on the county.
Legal Document Preparation: At Laguna Legal, preparation services for a Heggstad petition start around $1,500.
Attorney’s Fees: If you hire an attorney, expect to pay between $2,000 and $5,000, depending on the complexity of the case.
The timeline for a Heggstad petition varies by county and court workload:
Typical Duration: Usually 2 to 6 months from filing to court approval.
Urgent Cases: In time-sensitive matters such as foreclosure, an expedited hearing may be requested, although not always granted.
Laguna Legal can help initiate the process promptly to avoid delays.
When filing a Heggstad petition, California law requires:
Notice Period: A minimum of 30 days’ notice before the hearing.
Who Must Be Notified: All beneficiaries, heirs, and other interested parties.
Method of Notice: Typically via mail, though in some cases personal service may be required.
Laguna Legal ensures that all notice requirements are properly handled during the filing process.
There is no specific statute of limitations for filing a Heggstad petition itself. You can file at any time after discovering that an asset was not properly transferred into a trust. However, if your claim involves fraud or breach of fiduciary duty, general statutes of limitations for those types of legal claims may apply.
Here is a general overview of the process:
Document Preparation: Gather the trust, any amendments, the decedent’s death certificate, and proof that the asset was meant to be part of the trust.
Petition Filing: Submit the petition to the superior court in the county where the decedent lived or the property is located.
Notice to Parties: Notify all interested parties at least 30 days before the court hearing.
Court Hearing: A judge will review the petition and any objections before making a decision.
Court Order: If approved, the judge issues an order confirming the asset is part of the trust, which can then be used to transfer the asset accordingly.
Laguna Legal can assist with each step, making the process smoother and more efficient.
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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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A Bonded 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 the 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.