051: Why Heggstad Petitions Matter in California Trust Practice with Bob Bergman
Trusts fail every day — not because they’re drafted badly, but because assets never quite make it inside. Probate attorney Sam Price and guest Bob Bergman break down how Heggstad petitions under Probate Code §850 can rescue those “orphan” assets.
We explain how courts use written intent to confirm that real estate, accounts, and other property belong in the trust without a full probate. Bob shares real cases involving refinances, unrecorded deeds, retirement plans, and more, showing where things go wrong and how to fix them.
We also talk through reverse Heggstad situations, where the title ends up with the wrong person or mistakenly inside the trust, and how a court order can correct ownership. Along the way, we clear up common myths, highlight county practice differences, and give professionals a clearer sense of when a Heggstad petition is realistic — and when probate is unavoidable.
In this episode, you will hear:
- What a Heggstad petition is under Probate Code §850 and how it keeps assets out of probate
- Common real-world scenarios that trigger Heggstad petitions
- Types of written intent courts look for, including trust language, schedules, general assignments, and letters
- How “reverse Heggstad” situations work when property lands with the wrong owner or inside a trust by mistake
- Misconceptions about Heggstad petitions and why they are not a shortcut for poor trust funding
- Practical timing and county differences in getting Heggstad petitions granted in California courts
Resources from this Episode
https://lawbob.com/heggstad-petitions/
The 6-Stage Probate Process: How to Navigate California Probate: https://a.co/d/82310Rw
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