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In Orange 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. Rather than going through a lengthy and expensive probate process, this petition requests that the Orange County Superior Court recognize the decedent’s original intent and issue a court order transferring the omitted assets into the trust.
To begin the process, the Heggstad Petition must be filed with the Orange County Superior Court, Probate Division, which serves residents of Irvine and surrounding areas. Once filed, a hearing date is scheduled, and the petitioner may need to attend the court appearance. At Laguna Legal Help, we handle every step—from preparing the petition to filing all required documents—ensuring a streamlined, compliant, and stress-free experience for our clients.
The cost of filing a Heggstad petition in Irvine, California, can vary depending on the complexity of the case and whether you’re working with an attorney or a legal document assistant like Laguna Legal Help. On average, attorney fees can range from $3,500 to $7,500 or more. However, Laguna Legal Help offers a more affordable flat-fee alternative for uncontested matters, typically starting around $1,500–$2,500, plus court filing fees.
The timeline for a Heggstad petition in Irvine generally takes 2 to 4 months from the time of filing to final court approval. Factors that affect the timeline include court availability, whether the petition is contested, and how quickly all required documentation is submitted. Orange County Superior Court, which serves Irvine, may experience delays depending on its current caseload.
Under California Probate Code § 851, all interested parties must receive formal notice of the Heggstad petition. This includes heirs, beneficiaries, and any individuals or entities with a legal interest in the trust. The notice must be mailed at least 30 days before the hearing and include a copy of the petition and hearing details. Laguna Legal Help ensures all notice requirements are met according to Orange County court procedures.
There is no strict statute of limitations for filing a Heggstad petition itself, but timing is important to avoid complications with probate. It’s best to file as soon as the need to confirm trust ownership is discovered—typically after the death of the settlor. However, any party contesting the trust’s validity generally has 120 days from receiving notice of the trust to file an objection. Prompt action ensures the petition is not delayed or disputed.
To file a Heggstad petition in Irvine, the following steps are typically involved:
Prepare the Petition – Include detailed information about the trust, the decedent, and the property to be confirmed.
File with the Court – Submit the petition to the Orange County Superior Court – Probate Division.
Serve Notice – Notify all interested parties at least 30 days before the hearing.
Court Hearing – Attend the scheduled hearing where a judge will review and decide on the petition.
Court Order – If approved, the court issues an order confirming the property as part of the trust.
Laguna Legal Help can assist you through each step to streamline the process and minimize legal costs.
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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.
