Transfer Property Into Your Trust in 60-90 Days | Filing in LA & Santa Barbara Counties
House not in your trust? Under California Probate Code §850, we can often bypass the traditional 18-month probate process. Our Heggstad Petition attorneys have helped hundreds of LA and Santa Barbara County families save time and money.
Request Free Heggstad Consultation (818) 291-6217It is a common nightmare for California families: a loved one passes away with a comprehensive Living Trust in place, only for the family to discover that the family home was never formally deeded into the trust. Typically, this would trigger a full, 18-month probate process at the Stanley Mosk Courthouse (LA) or Anacapa Division (Santa Barbara).
However, under California Probate Code §850, we can often bypass the traditional probate process using what is known as a Heggstad Petition.
Whether you discovered the error in a Montecito estate or a Glendale family home, we navigate the specific local requirements of each courthouse to secure your court order:
111 N. Hill Street, Los Angeles
Probate Division
1100 Anacapa Street, Santa Barbara
Probate Department
Each courthouse has different judges, clerks, and local practices. Our experience in both jurisdictions means we know exactly what evidence and documentation each court requires for approval.
You created a living trust to avoid probate. But the trust was never "funded"—the house deed was never transferred into the trust's name. Now your loved one has passed, and you're facing a devastating choice:
The Heggstad Petition is a lifeline. If the deceased showed intent to transfer the property to the trust, the court can order the transfer—even though the deed was never signed.
Named after the landmark 1993 case Estate of Heggstad, this legal maneuver allows a judge to declare that an asset (like a home in Rossmoyne or a condo in Burbank) is part of a trust, even if the title was never formally transferred.
If we can prove the decedent's clear intent to include the asset—usually via a "Schedule A" or a general assignment—we can secure a court order to "fund" the trust retroactively.
A Heggstad Petition is typically resolved in 60–90 days, compared to 18+ months for a full Los Angeles probate.
Because it avoids the statutory fee schedule (which can cost $50,000+ for a standard Glendale home), it saves the estate thousands in court and legal fees.
Unlike a full probate, which is a matter of public record, a Heggstad Petition is a targeted court action that keeps more of your family's financial details private.
A Heggstad Petition may be appropriate if:
The Heggstad Petition derives from a landmark 1993 California case:
The court held that under Probate Code §850, a court can order property transferred into a trust if there is clear and convincing evidence that the deceased intended for the property to be in the trust—even if the formal deed was never executed.
Probate Code §850 allows interested parties to petition the court to:
Key Requirement: The court needs "clear and convincing evidence" of the decedent's intent. This is where proper documentation and legal strategy become critical.
To grant a Heggstad Petition, the court needs written evidence that the deceased intended to transfer the property to the trust. Strong evidence includes:
Our Process: We conduct a thorough review of all available documentation to assess the strength of your case BEFORE filing. If evidence is weak, we discuss alternative strategies.
We review the trust, Schedule A, pour-over will, and all available documentation. We assess the strength of evidence and advise on likelihood of success.
Draft the Probate Code §850 petition, gather supporting declarations, and file with the appropriate court (Stanley Mosk or Anacapa Division).
Serve notice on all interested parties (beneficiaries, heirs). Allow time for any objections to be filed.
Appear before the probate court. Present evidence of intent. If no objections and evidence is sufficient, court grants the petition.
Court order recorded with County Recorder. Property officially transferred to trust. Trust administration can proceed.
The most common scenario. Trust was created, but the attorney or client never transferred the family home deed. Schedule A often lists the property, providing strong evidence.
Rental properties acquired after trust creation often never get transferred. Investment property addresses in Schedule A or trust amendments help prove intent.
Property was in the trust, but during refinancing, the lender required deed back to individual name. Owner died before re-transferring to trust.
Deceased inherited property from a relative and intended to add it to their trust but never completed the transfer before passing.
Once the court issues the Heggstad order:
No Ongoing Court Supervision: Unlike probate, once the Heggstad order is granted, the court's involvement ends. The trust administration proceeds privately, just as the original trust intended.
Visit our Trust Administration Hub to understand the next steps for your Successor Trustee.
Not every Heggstad Petition is granted. If the court finds insufficient evidence of intent, the petition may be denied. In that case:
Our Honest Assessment: We evaluate your case thoroughly before filing. If evidence is weak, we tell you upfront so you can make an informed decision about whether to attempt the Heggstad or proceed directly to probate.
| Factor | Heggstad Petition | Full Probate |
|---|---|---|
| Timeline | 60-90 days | 18-24 months |
| Cost (for $1.5M home) | $3,000-$7,000 | $56,000+ |
| Court Appearances | 1 hearing | Multiple hearings |
| Public Record | Limited exposure | Full public record |
| Requirement | Valid trust + written intent | None (default process) |
Don't let an unfunded trust cost your family $50,000+ in probate fees. Contact us for a Heggstad Petition consultation.
Request a Free Heggstad ConsultationOr call (818) 291-6217
Depending on your situation, different procedures may apply:
| Procedure | Best For | Timeline | Cost |
|---|---|---|---|
| Heggstad Petition | Property meant to be in trust with written evidence of intent | 60-90 days | $3,500-$5,000 |
| Full Probate | No trust, or no evidence of intent to fund trust | 12-18 months | $15,000-$100,000+ |
| Small Estate Affidavit | Estates under $184,500 (no real property) | 40+ days | $500-$1,000 |
| Spousal Property Petition | Community property passing to surviving spouse | 60-90 days | $2,500-$4,000 |
Free Consultation: Not sure which procedure applies? Contact us for a free case evaluation. We'll review your documents and recommend the best path forward.
We file Heggstad Petitions for properties throughout Southern California:
Los Angeles County (Stanley Mosk Courthouse):
Glendale, Burbank, Pasadena, Los Angeles, Beverly Hills, Santa Monica, Encino, Sherman Oaks, Tarzana, Woodland Hills, Calabasas, Arcadia, Alhambra, West Covina, Pomona
Santa Barbara County (Anacapa Division):
Santa Barbara, Montecito, Hope Ranch, Goleta, Carpinteria, Santa Ynez Valley
Property Types We Handle:
Single-family homes, condominiums, multi-family properties, rental properties, commercial real estate, vacant land, inherited property
Related Services: Trust Administration | Full Probate | Trust Litigation | Living Trusts
Typically 60-90 days from filing to court order. This compares to 12-18 months for full probate. The exact timeline depends on court calendars (Stanley Mosk vs. Anacapa Division) and whether any interested parties object.
Our flat fee for a standard Heggstad Petition is $3,500-$5,000, plus court filing fees (~$500). Compare this to $50,000-$100,000+ for full probate on a typical LA or Santa Barbara property. The savings are substantial.
If an heir or beneficiary objects, the matter becomes contested and may require a hearing with evidence presentation. This increases complexity but doesn't necessarily defeat the petition. We handle contested Heggstad matters regularly.
Heggstad Petitions are most commonly used for real property. For bank accounts and investments, there are often simpler methods—affidavit procedures for small estates, or the accounts may have beneficiary designations that override probate. We assess all assets to determine the best approach for each.
This makes the petition more challenging but not impossible. We look for other evidence: pour-over will language, general assignment documents, attorney correspondence, insurance documents listing the trust, or escrow instructions. If evidence is truly absent, full probate may be the only option.
Our experienced probate attorneys are here to help. Get a free consultation to discuss your situation.
(818) 291-6217 Schedule Free Consultation