California Heggstad Petitions: Fixing Missing Trust Assets

When a loved one creates a trust but forgets to transfer certain assets into it, heirs or trustees can face unnecessary costs and disputes. Thankfully, California law provides a powerful remedy — the Heggstad petition, under Probate Code § 850.

This process allows a court to confirm that an asset truly belongs in the trust, even if it was never formally transferred before death. This guide from Inheritance Recovery explains how the petition works and when it can help you recover misplaced or omitted trust property.

1. What Are Section 850 and Heggstad Petitions?

A Heggstad petition (named after Estate of Heggstad, 1993) uses California Probate Code § 850 to request a court order confirming that property should legally be part of a trust.

For example, if someone’s trust lists a property in its schedule but they never retitled it in the trust’s name, a successor trustee can ask the court to declare that asset part of the trust without going through probate.

This powerful remedy helps families avoid unnecessary delays and ensures the decedent’s intent is honored — something the team at Inheritance Recovery handles regularly in complex trust matters.

2. When a Heggstad Petition Is Needed

You may need a Section 850 petition if:

• Real estate or bank accounts were listed in the trust schedule but never transferred.
• Property was removed from the trust (for refinancing) and never added back.
• A trustee holds an asset that another person now claims ownership of.

In each of these cases, a Heggstad petition can clarify ownership and help transfer the property back into the trust.

3. What You Must Prove

To succeed, your attorney must show:

• A valid trust was created and still exists.
• The asset was intended to be part of the trust (e.g., mentioned in the schedule).
• The title wasn’t correctly transferred or recorded.
• The petitioner (trustee, beneficiary, or heir) has standing and has properly notified all parties.

Proper documentation of the decedent’s intent is key — this is where Inheritance Recovery’s experience in probate litigation can make all the difference.

4. How the Process Works

1. Collect supporting documents — the trust, asset schedules, deeds, and proof of intent.
2. File the petition in the probate court where the trust is administered.
3. Notify all interested parties — beneficiaries, heirs, and anyone with a potential claim.
4. Attend the hearing — if approved, the judge orders the asset officially transferred into the trust.

When you work with Inheritance Recovery, your attorney handles every step — from drafting the petition to representing you in court — ensuring the process runs smoothly and strategically.

5. Benefits and Risks

Benefits:

• Avoids costly and time-consuming probate.
• Restores assets to the trust quickly and efficiently.
• Protects beneficiaries’ rights and honors the settlor’s intent.

Risks:

• If intent isn’t clearly proven, the petition may fail.
• Competing heirs may object, leading to litigation.

With a seasoned California trust attorney from Inheritance Recovery, you’ll have the legal strategy and evidence needed to strengthen your case.

6. How Inheritance Recovery Can Help

At Inheritance Recovery, we specialize in probate and trust litigation — including Section 850/Heggstad petitions. Our attorneys can:

• Evaluate whether a petition is appropriate for your situation.
• Gather and prepare the evidence required for court.
• Represent you in hearings and negotiations.
• Protect your rights if other beneficiaries contest ownership.

If you believe assets were omitted or mishandled, Inheritance Recovery can help restore them to the rightful trust.

Conclusion

If a loved one’s trust accidentally left out assets, a Probate Code § 850 Heggstad petition can help you recover them without full probate.

Inheritance Recovery — contact us for a confidential consultation: https://www.inheritancerecovery.com/contact/