Legal Question in Wills and Trusts in California
Hegstad petition
Can I file a Hegstad petition without opening a probate case?
3 Answers from Attorneys
Re: Hegstad petition
You would not need to file a formal "probate" estate but you would need to open a probate court file in the name of the trust. In that trust file you would file the Heggstad petition itself. Of course, Heggstad petitions are highly customized petitions which are different for every client. I suggest you work with an attorney who does a lot of this type of work like me. I file Heggstad's throughout the state and would love to take care of this for you. My fees are generally substantially less than the big city attorneys as I don't have to sit in traffic to get "to" the Courthouse as I appear telephonically via Court Call. I am in Sacramento and my firm has been here, in this exact location, since 1979! Please call me if you would like to discuss your case. -John
Re: Hegstad petition
No, it'd require a filing in probate court, but it's less complicated than a full probate.
Re: Hegstad petition
Yes, the whole purpose of a Hegstad Petition is to allow property to be transferred into a trust without the necessity of a formal, expensive drawn out proate process.