California Probate Code Section 850
Heggstad petitions for property not titled in a trust
When real estate, a bank account or a brokerage account was meant to be held in a trust but is still titled in an individual’s name, a Heggstad petition asks the probate court to confirm that the property belongs to the trust. Board Certified Specialist Robert P. Bergman prepares and files these petitions for successor trustees, attorneys, realtors and title companies, for one fixed fee when the petition is “clean.”
Fixed fee: $6,500 for a “clean” ex parte Heggstad petition Fees and costs
- Since 1980Practicing in Santa Clara County
- Board CertifiedSpecialist in Estate Planning, Trust and Probate Law
- Filing fees includedThe fixed fee includes court filing fees and one certified copy of the order
- 7–10 daysTypical time to a signed order on an eligible ex parte petition in Santa Clara County
Who I help
Who I prepare Heggstad petitions for
Property outside a trust is usually found by a successor trustee after a death, by an attorney updating a client’s estate plan, or by a realtor or title company on a preliminary title report. Heggstad petition services are available to the general public, attorneys and their clients, title companies and realtors.
Successor trustees
You discover that assets of a living or deceased settlor were never titled in the trust, even though the settlor intended them to be.
Estate planning attorneys and their clients
You make the same discovery when a client wants to redo an estate plan, or your home county’s court makes ex parte relief hard to get.
Real estate brokers
A preliminary title report shows that a property you just listed is not properly titled in the trust that owns it.
Title and escrow companies
The preliminary title report discloses the defect in the title, but nobody knows how to correct it.
The Heggstad solution
What is a Heggstad petition?
A court petition that confirms property belongs to a trust, so it can be handled under the trust’s terms instead of going through a full probate.
Trust property often isn’t where it should be. A home is taken out of the trust for a refinance and never moved back, or newly acquired real estate, bank and brokerage accounts are titled in the settlor’s own name. When the settlor dies, that property needs some kind of probate court action to reach the trust.
In the 1993 Estate of Heggstad decision, the court held that the settlor’s written declaration that he held the property as trustee was enough to make it part of his living trust. The Legislature codified that approach in Probate Code Section 850(a)(3)(B): the trustee, or any interested party, may petition the probate court where the trustee has a claim to property that is titled in someone else’s name.
Using this approach, it is possible to avoid the probate process and gather the settlor’s loose property into the trust more quickly.
the settlor’s written declaration stating that he holds this property as trustee was sufficient to create a revocable living trust
Ex parte petition
Done without a formal hearing date, and without waiting months for a court date. Available when the petition is clean.
Noticed hearing
Some counties only offer noticed hearings for these petitions, and hearing dates may take several months to reach the court’s calendar.
Eligibility checker
Do I need a Heggstad petition?
Five quick questions point you to a likely next step.
Question 1 of 5
Is there property that was meant to be in a trust but is still titled in someone’s own name?
For example a house taken out of the trust for a refinance, or new real estate, a bank or a brokerage account titled in the settlor’s individual name.
General information, not legal advice. This checker cannot tell you whether a petition will be granted; only an attorney who reviews your documents can.
Your answers stay in your browser. Nothing you select is sent anywhere.
How it works
How a Heggstad petition works
Where the court allows it, a clean petition can proceed ex parte, without a formal hearing date and without waiting months for one.
Book a consultation
Book a short Zoom or in-office consultation to find out whether I can assist with your situation.
Send the worksheets and documents
After booking, download the trust petition consultation worksheets, complete them and return them by email or fax, with copies of the documents they request.
Petition, waivers and consents
I draft the petition, the waivers of notice of hearing and the consents, coordinate them with every interested party, then deliver the petition to the court in person or by e-filing.
Signed order and certified copy
Once the probate court signs the order, I obtain a certified copy, email you a scan and mail the original wherever you direct.
Fixed fee
One fixed fee for a clean ex parte petition
The total fixed fee covers the work from the first meeting to the certified order.
$6,500
Effective January 1, 2026
See all fees and costsA “clean” petition is one where:
- There are no interested parties that would object to the action being taken;
- All interested parties agree to waive notice of a hearing, and
- All interested parties consent to the petition.
The fixed fee covers
- Meetings and teleconferences, and gathering the information for the petition
- Drafting the petition, waivers of notice of hearing and consents
- Coordinating the drafts, waivers and consents with all interested parties
- Delivering the petition to the court in person or by e-filing, court filing fees included
- One certified copy of the order, emailed to you and the original mailed wherever you direct
An additional fixed fee of $2,000 applies when a current or remainder beneficiary is a minor, an incapacitated adult or missing, to pay for a court-appointed guardian ad litem; each additional guardian ad litem petition is $1,500. Additional certified copies of a court order are $50.
Cost comparison
Heggstad petition vs. probate
California sets probate fees by statute, as a percentage of the estate’s gross value, once for the attorney and again for the personal representative. Move the slider to the gross value of the property left outside the trust.
How the statutory fees are calculated
| 4% | of the first $100,000 |
| 3% | of the next $100,000 |
| 2% | of the next $800,000 |
| 1% | of the next $9,000,000 |
| 0.5% | of the next $15,000,000 |
| — | Above $25,000,000: a reasonable amount determined by the court |
The attorney and the personal representative are each paid on this schedule, calculated on the estate’s gross value.
- Attorney’s statutory feeProbate Code §10810
- $23,000
- Personal representative’s statutory feeProbate Code §10800
- $23,000
Difference$39,500
Estimate only, not legal advice. Statutory fees follow California Probate Code §§10800 and 10810 and are calculated on the gross value of the estate; above $25 million the court sets a reasonable amount. Court costs and other fees are not included. The fixed fee is for a clean ex parte Heggstad petition; additional fees may apply (see Fees and Costs).
Where I file
Counties where I file Heggstad petitions
I deal primarily with Santa Clara, San Mateo and Contra Costa counties. Typically the county where the trustee lives and handles the trust administration is the appropriate county, but uncontested ex parte petitions from other counties can generally be filed in Santa Clara County, even when the trust is administered elsewhere in California or from out of state.
Uncontested ex parte petitions from other counties, filed in Santa Clara County
- Los Angeles
- Orange
- San Diego
- Riverside
- San Bernardino
- Alameda
- Marin
- San Francisco
- Sacramento
- and more
Some courts limit ex parte Heggstad petitions or require noticed hearings instead, and noticed hearing dates may take several months.
Santa Clara County
7–10 days
Typical time to a signed order on an eligible ex parte petition
San Mateo County
Same day
Same-day filing
Contra Costa County
Often same day
Same-day filing, if “urgency” can be demonstrated
Your attorney
Robert P. Bergman, Attorney at Law
Hello. I’m California estate planning attorney Robert P. Bergman, Board Certified Specialist in Estate Planning, Trust and Probate Law (State Bar of California Board of Legal Specialization). I’ve been practicing in Santa Clara County since 1980, and my law practice is devoted exclusively to estate planning.
I created Heggstad Help to offer families, title companies and other attorneys a way through trust issues that have to be worked out in the appropriate court system.
Robert P. BergmanAttorney at Law · San Jose
- Board Certified Specialist, Estate Planning, Trust and Probate Law
- Practicing in Santa Clara County since 1980
- A law practice devoted exclusively to estate planning
- Office in San Jose; Zoom or in-office consultations
Testimonials
What attorneys and escrow officers say
Mr. Bergman handled the matter professionally and expeditiously. From the initial contact with Mr. Bergman, it took only 2 weeks to obtain an Order from the Court granting the Heggstad petition. The last time we filed a Heggstad petition in Los Angeles County the hearing date was set for 6 months out.
Gladys Aquino, Esq.Panitz & Kossoff, LLP, Westlake Village, California Working over the weekend, Mr. Bergman got all the paperwork together for the family working through email and got the court order the following Monday afternoon. He then sent it to me overnight, and I was able to close the escrow for the seller.
Terri Cao, Escrow OfficerWFG Escrow Services, Huntington Beach, California I have worked with Bob for a client’s benefit when the situation was not cut and dry enough for my home county’s probate court. He was able to successfully procure an ex parte Heggstad order for my client which was a huge relief and a huge saving in time…
Jennifer Thaete, Esq.Law Offices of Jennifer Thaete, PC, Livermore, California
Articles
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FAQ
Frequently asked questions
Short answers drawn from this site. Every situation is different, so the consultation is the place for advice about yours.
What is a Heggstad petition?
A petition to the probate court under California Probate Code Section 850 that asks the court to confirm that property titled outside a trust belongs to the trust. It takes its name from the 1993 Estate of Heggstad decision.
Can a Heggstad petition avoid probate?
Using this approach, it is possible to avoid the probate process and gather the settlor’s property into the trust more quickly. Whether it fits your situation depends on the trust, the property and the interested parties, which is what the consultation is for.
What makes a petition “clean”?
No interested party would object to the action being taken, all interested parties agree to waive notice of a hearing, and all interested parties consent to the petition.
How much does it cost?
Effective January 1, 2026, the fixed fee for a clean ex parte Heggstad petition is $6,500, including court filing fees and one certified copy of the order. Additional fixed fees apply when a guardian ad litem must be appointed for a minor, incapacitated or missing beneficiary.
How long does it take?
If the petition is eligible to proceed ex parte, a signed court order typically comes within 7–10 days in Santa Clara County. San Mateo County offers same-day filing, and Contra Costa County often does if urgency can be demonstrated. Noticed hearings in some courts can take several months.
The trust is administered in another county. Can you still help?
Usually, yes. Uncontested ex parte petitions from counties such as Los Angeles, Orange, San Diego, Riverside, San Bernardino, Alameda, Marin, San Francisco and Sacramento can generally be filed in Santa Clara County, even if the trust is administered in that other county or from out of state.
What if someone won’t agree?
Then the petition is not clean, and a noticed hearing may be needed instead of an ex parte petition. Some courts only offer noticed hearings for these petitions. A consultation can help you understand your options.
What do I send after booking?
Download the trust petition consultation worksheets, complete them and return them by email or fax, together with copies of any documents the worksheets request.
What to do next
Three steps to get started
Contact me if you believe my services could help you, a client or a customer with a Heggstad petition.
Book a consultation
A short Zoom or in-office consultation to determine whether I can assist you.
Book a consultationDownload the worksheets
After booking, complete the trust petition consultation worksheets and gather copies of the documents they request.
Download worksheets (.zip)Return them by email or fax
Send the completed worksheets and documents to the office.
- rpb@lawbob.com
- Fax
- 408-416-4591