Legal Question in Wills and Trusts in California
Can a Heggstad Petition be filed for real property located outside the state of California if it is listed on Schedule A to the trust?
Asked on 1/11/11, 4:26 pm
2 Answers from Attorneys
Frankie Woo
Fiducia Legal
No. Real estate located outside the state of California are not controlled by California courts. You will have to determine if the state in which the real property is located has a procedure similar to the Heggstad Petition.
Answered on 1/18/11, 7:46 pm
Anthony Roach
Law Office of Anthony A. Roach
I agree with Mr. Woo. Also, a Heggstad petition is normally used for personal property items listed in an annex to a trust. But real property is usually transferred into trust with a deed. If this did not happen, you may have to go through probate for the state where the property is located.
Answered on 1/19/11, 4:21 pm