Strong
Schedule of assets that names the property
The exhibit attached to the trust listing the home, the account, or the business interest. The single strongest piece of evidence in most petitions.
Heggstad Petitions · Probate Code Section 850
When the trust says yes but the deed says no.
A Heggstad petition asks a California judge to confirm an asset belongs to a trust even though the title was never updated during life. Robert P. Bergman has filed Section 850 petitions in Santa Clara County, San Mateo County, and Contra Costa County, and for attorneys and clients throughout California.
A Heggstad petition is a California court request asking a judge to confirm that an asset belongs to a trust, even though the asset was never formally transferred into the trust during the owner’s lifetime. California Probate Code Section 850 permits these petitions. They are common when a settlor signs a trust but never funds a specific property, account, or business interest. Most uncontested petitions resolve in 60 to 120 days through a noticed hearing, or from 1 to 10 days if submitted ex parte in certain counties, faster and far less expensive than a full probate of the same asset.
Where the Name Comes From
A petition named for a 1993 case.
California Court of Appeal · First District
Estate of Heggstad — read the full opinion (opens in a new window)
16 Cal. App. 4th 943 (1993)
The court held that a written declaration by the settlor identifying property as part of the trust is sufficient to make the property a trust asset, even where the deed was never recorded into the trust’s name.
California Probate Code Section 850, and specifically Section 850(a)(3)(B), now codifies the procedure. A trustee, beneficiary, or other interested person can ask the court for an order conveying property to or from a trust. Heggstad petitions are the most common use of the statute.
The Short Version
What a Heggstad petition does.
Someone signs a revocable trust. The trust’s schedule of assets lists the house, the brokerage account, or the LLC interest. But the deed, the account title, or the membership certificate is never updated. When the person dies, the asset is technically not in the trust.
A Heggstad petition asks the probate court to fix that. The judge reviews the trust, the schedule, the pour-over will, and the surrounding records, then signs an order confirming the asset belonged to the trust all along.
The order is recorded against real property or presented to the financial institution. The asset passes under the trust the way the settlor intended. No full probate.
When the Procedure Fits
Four common patterns where a Heggstad petition is the answer.
The setup is consistent. The trust is well drafted. The schedule lists the asset. Something interrupted the funding step. The remedy is a Section 850 petition.
Real property never deeded into the trust
The trust schedule lists the home. The grant deed is still in the settlor’s individual name. The most common Heggstad fact pattern this office sees. Or else it was in the trust and was removed to refinance the property and not put back in.
A brokerage or bank account opened later
An account was opened after the trust was funded and titled in the settlor’s individual name without trust language, or never transferred in the first place.
An LLC or partnership interest never assigned
The business interest was supposed to move into the trust. The operating agreement was amended, but the assignment instrument was never executed.
A beneficiary designation that missed the trust
Where the trust was the intended beneficiary of an insurance policy or annuity and the carrier still lists an individual or “estate of,” the fix may be a Section 850 petition depending on the carrier. Depending on documentation, this may even work for a retirement plan such as an IRA, 401(k) plan, or similar, that has no beneficiary or where the beneficiary is already deceased.
The Evidence Dossier
What the judge actually weighs.
A Heggstad petition lives or dies on the record that existed before death, not on after-the-fact testimony. The court is looking for an unambiguous statement of the settlor’s intent. Some categories of evidence carry far more weight than others.
Strong
Pour-over will pointing to the trust
The companion will that funnels overlooked assets into the trust at death. Corroborates the intent the schedule shows.
Strong
Certificate of trust referencing the asset
Often signed alongside the trust and presented to title companies. When it names the property, the record reads as one continuous expression of intent.
Moderate
Drafting correspondence and engagement memos
Letters and emails from the original planning attorney that describe the trust funding the family was building. Helpful, but secondary to the trust documents themselves.
Moderate
Account statements or deeds that match the schedule
Account legacies and recording histories that line up with how the schedule describes the asset. Useful corroboration when the schedule itself is partly ambiguous.
Limited
Family testimony with no document trail
Affidavits from beneficiaries saying the settlor “always meant” the property to be in the trust. Considered, but rarely sufficient on its own. The court looks for the paper.
Robert P. Bergman has filed petitions on both ends of the spectrum. When the schedule is clear, the petition is straightforward. When it is silent or the asset was acquired after the trust was funded, the petition is harder and the file review at the start matters more.
From File Review to Signed Order
How a Heggstad petition actually moves.
Five steps. Most uncontested petitions are filed ex parte and resolve in 1 to 10 days; when a noticed hearing is required it runs about 60 to 120 days. Robert P. Bergman handles each step himself, from the first read of the trust through the recorded order.
File review. Robert P. Bergman reads the trust, the schedule of assets, the pour-over will, and the asset records, and gives you a written assessment and a fee estimate.
Petition drafted. The petition states the relief sought, recites the evidence of intent, and attaches the supporting documents.
Filed and noticed. Filed in the Probate Division of the county Superior Court. Notice is served on every interested party as required by Probate Code Section 851. This is not required if all interested parties have waived notice and consented to the petition.
Hearing or ex parte. Most uncontested petitions are filed ex parte and need no hearing. When a noticed hearing is required, it is typically set 30 to 60 days after filing. Robert P. Bergman appears in person either way.
Order recorded. Robert P. Bergman collects the signed order himself. In San Mateo and Contra Costa counties he hand delivers the petition and waits for the Court to sign the order, often the same day; in Santa Clara County he goes to the court to pick up certified copies once the order is noted as signed in the online records. The certified order is then recorded against the property for real estate, or presented to the financial institution for accounts and securities.
The Alternative
A Heggstad petition versus a full probate.
When the evidence supports trust ownership, a Section 850 petition is almost always faster and less expensive than running the asset through full California probate. When the evidence is thin, probate is the path forward.
Full California probate
Last resort- TimelineCommonly 9 to 18 months, often longer.
- CostStatutory fees of roughly $46,000 on a $1M estate.
- ScopeAdministers the asset start to finish.
Heggstad petition
Preferred path- Timeline60 to 120 days for noticed hearings, and typically 1 to 10 days for uncontested ex parte hearings.
- CostA fixed fee: filing fees plus attorney time, no statutory percentage.
- ScopeConfirms ownership so the trust handles the rest.
Where It Is Filed
Santa Clara County, and beyond.
A Heggstad petition is typically filed in the county where the trustee lives or where the property is located. Robert P. Bergman files most petitions in the Probate Division of the Santa Clara County Superior Court, in the Downtown San Jose courthouse.
Robert P. Bergman files these petitions locally in Santa Clara, San Mateo, and Contra Costa counties when the trust creator or the trustee lives in one of those counties. For a trust connected to another part of California, he can file the petition ex parte, without a formal hearing, while working in Santa Clara County.
191 North First Street
San Jose, California 95113
Why Robert P. Bergman
Why families bring these to Robert P. Bergman.
The result depends on a careful read of the trust, the schedule of assets, and the surrounding records. The work rewards specialization. Robert P. Bergman has practiced estate planning, trust administration, and probate work in Santa Clara County since 1980.
- Certified SpecialistState Bar of California, Estate Planning, Trust and Probate Law. Held by less than 1% of attorneys.
- Drafts and argues the petitionRobert P. Bergman writes the petition himself and attends the hearing himself, or hand delivers and picks up the court orders. The signed order goes back to you with the next steps written out.
- Files in counties throughout CaliforniaPetitions filed in Santa Clara, San Mateo and Contra Costa counties, with other counties’ petitions handled through the Probate Court in Santa Clara County.
Keep Reading
Related practice areas.
Trust Modification Petitions
When the petition you need is not about ownership but about changing the terms of an irrevocable trust under Probate Code Section 15403 or 15409.
Read more
Trust Administration
Most Heggstad petitions arrive as part of a larger administration. Robert P. Bergman handles the petition and the administration in a single engagement.
Read moreHeggstad Petitions FAQ
Common questions about Section 850 petitions.
Plain-language answers on cost, timing, evidence, denial, and how a Heggstad petition fits next to probate and trust modification. If something is missing, bring it to your meeting with Robert P. Bergman.
Don’t see your question?
Email or call the office, or bring it to your free Consultation.
Ask Robert P. Bergman directlyA Heggstad petition is a court request asking a judge to confirm that an asset belongs to a trust, even though the asset was never formally transferred into the trust during the owner’s lifetime. California Probate Code Section 850 permits these petitions. The procedure takes its name from the 1993 case Estate of Heggstad.
Total cost depends on the asset, the supporting documents available, and whether anyone contests the petition. If a matter is contested, Robert P. Bergman does not take the case, except in rare circumstances. Court filing fees are set by the court schedule where the petition is filed. Attorney fees vary with complexity. Robert P. Bergman will give you a written fixed fee quote after reviewing the trust and the additional documentation at the initial meeting.
Most uncontested Heggstad petitions may be filed ex parte in Santa Clara County, San Mateo and Contra Costa Counties. Petitions filed ex parte in Santa Clara County are typically granted in 7 to 10 days. Ex parte petitions filed in San Mateo County can be filed and heard and granted the same day. Petitions filed in Contra Costa County can often be filed and granted the same day as well, if ‘urgency’ can be demonstrated to the satisfaction of the Court. If a noticed hearing is required, it would typically be set 30 to 60 days after the petition is filed, with additional time for notice to interested parties. Contested petitions take longer. Robert P. Bergman will give you a timeline estimate after reviewing the file.
Self-represented petitioners can file Section 850 petitions, but the procedural requirements are exacting. The notice provisions, the evidentiary standard for proving the settlor’s intent, and the form of the proposed order all matter. A defective petition can be denied, and a denied petition can lead to a probate proceeding for the same asset. Most clients hire a specialist to file these.
California Probate Code Section 850 is the statute that authorizes a trustee, beneficiary, or other interested person to petition the court for an order conveying property to or from a trust or estate. Heggstad petitions are one common use. Section 850 also covers other claims involving title to property held in or claimed by a fiduciary.
A Heggstad petition asks the court to confirm an asset already belongs to an existing trust. A probate is a court-supervised administration of a decedent’s estate when assets pass under a will or by intestacy. A Heggstad petition is faster and less expensive than probate when the evidence supports it. When the evidence does not support trust ownership, probate is the alternative.
Maybe. The question is whether your parent intended to fund the trust with the asset and simply did not complete the paperwork. A signed trust, a schedule of assets that lists the property, and contemporaneous estate planning documents all help establish that intent. If the evidence supports trust ownership, a Heggstad petition may resolve the issue. Robert P. Bergman will review the file and tell you which path fits.
Yes. The court denies a Heggstad petition when the evidence does not establish that the settlor intended the asset to be part of the trust. Common reasons for denial include a missing schedule of assets, contradictory deed records, or beneficiary designations that name someone other than the trust. A denied petition leaves probate as the path forward.
Heggstad petitions for Santa Clara County residents are filed in the Probate Division of the Santa Clara County Superior Court. The Probate Division is located at the Downtown Superior Courthouse in San Jose. Robert P. Bergman handles filings, hearings, and orders for clients across the county.
A Heggstad petition confirms ownership of an asset by an existing trust. A trust modification petition asks the court to change the terms of an irrevocable trust. The two are different procedures with different evidentiary standards. Robert P. Bergman handles both. The right tool depends on what you need the court to do.
Book a Trust Petition Consultation
Pick a time, and bring the paperwork.
Robert P. Bergman meets for trust petition consultations by Zoom or in his San Jose office. Download the consultation packet first — filling it out before the meeting means Robert P. Bergman can read the file and give you a straight answer on the first call.
Book by Zoom (opens in a new window)Book in Robert P. Bergman’s office (opens in a new window)Download the paperwork
Trust Petition Consultation Paperwork · ZIP · 714 KB
Next Step
Bring the file. Robert P. Bergman will tell you whether a Heggstad petition fits.
The first meeting is the Consultation. Robert P. Bergman reads the trust and the asset records, confirms whether a Section 850 petition is the right path, and gives you a written fee estimate.
Robert P. Bergman is one of less than 1% of California attorneys certified as a specialist by the State Bar.