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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 that trust. Rather than going through a full probate process, this petition asks the Orange County Superior Court to recognize the decedent’s intent and issue a court order transferring the assets into the trust.
To begin the process, the Heggstad Petition must be filed with the Orange County Superior Court. After filing, a hearing date is scheduled, and the petitioner must attend the court appearance. At Laguna Legal, we handle every step—from preparing the petition to submitting all required documents—to make the process as smooth and efficient as possible.
The cost to file a Heggstad petition in Orange County typically starts at around $1,500 for legal preparation, with additional costs depending on the complexity of the case. Clients working with Laguna Legal may also pay a flat monthly rate for ongoing support. Keep in mind, there’s also a standard $435 court filing fee in California for this type of probate-related petition.
On average, the full process takes between 4 to 6 months from start to finish in Orange County. That includes time for gathering documents, notifying interested parties, waiting for your court date, and receiving the final court order. Some cases may move faster or slower depending on the court calendar and the specifics of the estate.
When filing a Heggstad petition, you’re legally required to notify all beneficiaries, heirs, and any other parties who have an interest in the trust or estate. In Orange County, this notice must usually be mailed at least 30 days before the scheduled hearing date. If the court requires additional notice or personal service, your legal team will guide you through the extra steps.
There’s no strict deadline to file a Heggstad petition in California. However, it’s best to act as soon as possible once you discover that an asset was left out of the trust. Delays could complicate matters, especially if other parties make legal claims on the property in question or if time-sensitive transactions are involved.
The filing process begins with preparing a detailed petition outlining the facts of the case and supporting documents like the trust and proof of ownership. After the petition is submitted to the Orange County Superior Court, notice must be given to all relevant parties. A court date is then set, where a judge will review everything and determine if the asset can be added to the trust without a full probate. Once approved, the court issues an official order confirming the trust’s ownership of the asset.
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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.
