One of life’s most stressful undertakings is arranging property transfers into a trust after an individual’s death, as there are certain extenuating circumstances that can prevent the trust from being properly titled or funded. In such cases, a process known as the Heggstad Petition may be utilized to resolve the issue. If you would like to determine your candidacy for the Heggstad Petition in Roseville, CA, the experts from Meissner, Joseph & Palley, Inc. are here for you.
What is a Heggstad Peition
Originating from the Estate of Heggstad, a 1993 California case, the Heggstad Petition is the request for the court to clear title to the property in question in order for it to be sold, refinanced or transferred to the intended beneficiary. Although real estate is commonly petitioned under Heggstad, it can be utilized for any assets valued at under $150,000, including bank accounts, bonds, timeshares, and much more.
When to Use a Heggstad Petition
The primary benefit of a Heggstad Petition is that it is a simpler and less time-consuming alternative to a full probate process. Common situations where this is a viable option are when the decedent,
- Forgot to transfer the property;
- Failed to provide adequate paperwork or funding to the trust;
- Passed away prior to property transfer completion;
- Was unaware that the title to the properly needed to be changed; or
- Removes a property already in the trust to refinance it and never places it back.
Heggstad Petition Process
A typical Heggstad Petition filed under California Probate Code 850 spans approximately 60 days from start to finish. Within the first 30 days, all interested parties are notified of the proceedings by the court. Although this is longer than the regular 15-day requirement for a standard probate process, this time is necessary to evaluate the above-mentioned Heggstad candidacy of your case. Once this is completed, a court decision is made within the following 30 days – significantly sooner than what a final probate decision requires.
Due to the complex nature of this process, it is highly recommended that individuals work with a qualified probate attorney to ensure optimal success in the property transfer. If you seek professional assistance with your Heggstad Petition in Roseville, please do not hesitate to contact the law firm of Meissner, Joseph & Palley, Inc. today by calling 916-774-0560. Attorney John B. Palley and team look forward to eliminating your property transfer woes!