Does California Allow Transfer On Death Deeds for Real Estate?
Yes, California allows transfer-on-death deeds for real estate. This option became available in 2016 when the state passed a law creating the Revocable Transfer on
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To begin the process, the Heggstad Petition must be filed with the Orange County Superior Court, Probate Division in Santa Ana. 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 Santa Ana.
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 Santa Ana depends on the complexity of the case and whether legal representation is used. Attorney fees typically range from $3,500 to $7,500 or more, depending on whether the petition is contested. At Laguna Legal Help, we offer a more affordable solution with flat-rate packages starting around $1,500 to $2,500, plus court filing fees, making the process more accessible for families in Orange County.
In Santa Ana, the typical timeline for a Heggstad petition is about 2 to 4 months, depending on the court’s availability and the complexity of the petition. The process involves drafting and filing the petition, serving notice to interested parties, and attending a scheduled court hearing at the Orange County Superior Court – Probate Division, which is located in Santa Ana.
According to California Probate Code § 851, proper notice must be given to all interested parties at least 30 days before the hearing. This includes heirs, beneficiaries, and anyone with a legal interest in the trust estate. The notice must include details of the hearing and a copy of the petition. At Laguna Legal Help, we ensure that all notice procedures are followed carefully to meet the court’s requirements and prevent delays.
While there is no strict statute of limitations specifically for filing a Heggstad petition, timely filing is critical to avoid probate complications. Generally, objections to a trust must be filed within 120 days of receiving notice of the trust, so it’s best to file a Heggstad petition as soon as the issue with asset title is identified. Acting quickly helps avoid disputes and keeps the trust administration on track.
The Heggstad petition process in Santa Ana involves the following steps:
Draft the Petition – Clearly describe the trust, the decedent, and the assets in question.
File with the Court – Submit the petition to the Orange County Superior Court – Probate Division in Santa Ana.
Serve Notice – Provide written notice to all interested parties at least 30 days before the court hearing.
Attend Hearing – Present the case to the judge, who will decide whether to issue the order.
Receive Court Order – If granted, the court order confirms the assets as part of the trust estate.
Laguna Legal Help guides clients through each step to simplify the process and ensure all legal requirements are met.
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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.