Legal Question in Wills and Trusts in California

Re: Heggstad Petition

The advantage of a trust is that when the person who set up the trust dies, the successor trustee can immediately take over the trust property and sell an asset such as a house. In contrast, if there is a will, the will must be admitted to probate and the administrator or executor will have to be appointed; after that, depending on the size of the estate, further court approval may be required for a sale. In a Heggstad petition, the petitioner is seeking to "correct" a mistake in a will and court approval of the petition is required; many petitions fail.

Re: Heggstad Petition

You can close escrow after the Heggstad is granted by the Court (about 8 weeks from now) or upon letters issuing if full probate (also about 8 weeks from now). You do NOT need to wait for probate to be finalized. Call me Monday morning to discuss your case in detail. -John