If you've ever helped a family navigate estate administration, you know how often this happens: Someone creates a living trust, does everything right, and then—somewhere along the way—a property or asset never actually gets transferred into that trust.

Maybe they forgot. Maybe they refinanced their home and the title got changed back to their personal name. Maybe they just didn't realize they needed to sign a new deed.

Whatever the reason, when that person passes away, their family is suddenly staring down the possibility of a full probate proceeding for that one asset. And in California, that's a big deal.

Why California Probate Is Worth Avoiding

Let me give you some real numbers. According to the California Courts, probate typically takes 9 to 18 months—and sometimes longer. The statutory fees alone on a $500,000 estate can exceed $16,000, and that doesn't include court filing fees, administrative costs, or other expenses.

California has some of the highest probate costs in the country. The fees are based on the gross value of the estate (before subtracting any debts), so even if there's a mortgage on a property, you're paying fees on the full value.

For families already dealing with loss, this is a lot.

The Heggstad Petition: A Way Forward

Here's where the Heggstad petition comes in. It's a legal tool under California Probate Code Section 850 that can help families avoid full probate when an asset was meant to be in a trust but wasn't properly transferred.

The name comes from a 1993 case—Estate of Heggstad. In that case, a man named Halvard Heggstad had created a trust and listed his property on the trust's schedule of assets. But he never actually signed a deed transferring the property into the trust. After he passed, the court ruled that the schedule of assets showed his clear intent, and that was enough to consider the property part of the trust.

This opened the door for families in similar situations.

When a Heggstad Petition Can Help

This petition is typically used when:

• Someone listed property on their trust's schedule of assets but never recorded a deed

• Paperwork to transfer an asset was started but not completed before death

• Property was temporarily removed from a trust for refinancing and never put back

• The person simply didn't realize they needed to take extra steps to transfer ownership

The key factor is intent. If there's evidence that the person wanted the asset in their trust, even if they didn't complete all the legal formalities, a Heggstad petition may work.

What the Process Looks Like

The good news: this process is much faster than full probate. You're typically looking at about 60 days from start to finish, compared to 9 to 18 months for regular probate.

Here's the general flow:

1. File a verified petition with the probate court

2. Provide 30 days' notice to all interested parties

3. Present your documentation at the hearing

4. If approved, the court issues an order confirming the asset belongs to the trust

It's not guaranteed to work in every situation—you need solid evidence of the person's intent. But when the documentation is there, it can save families significant time, money, and stress.

A Few Things to Know

Not every situation qualifies. Some assets, like retirement accounts with beneficiary designations or jointly held property, may not be appropriate for this type of petition. And if there's opposition—say, a beneficiary who wasn't included in the trust challenges the petition—the process can become more complicated.

Also, while you can technically file this on your own, working with an experienced probate attorney makes a real difference. They can evaluate whether your situation is a good fit, make sure all the procedural requirements are met, and help you avoid delays.

The Bigger Takeaway

The Heggstad petition exists because the law recognizes something important: people's intentions matter. When someone takes the time to create a trust and clearly expresses what they want, a technical oversight shouldn't derail everything.

If you're working with families on estate administration, or if you're personally dealing with a situation where property wasn't properly transferred into a trust, know that there may be options beyond full probate.

This is one of those areas where a little knowledge can save a lot of heartache.

Have questions about estate administration or probate alternatives? Feel free to reach out—I'm always happy to be a resource.

Helen K. Burke, REALTOR® | Residential Sales, Probate & Trust, NOD | Intero Real Estate | DRE #01175866 | 408-835-8967