How long does a Heggstad Petition take in Los Angeles County?

In Los Angeles County, a Heggstad Petition (Probate Code 850) typically takes 8 to 12 weeks from filing to court order. This is significantly faster than a full probate, which currently averages 18 months at the Stanley Mosk Courthouse.

Can I use a Heggstad Petition if my house is not in my trust?

Yes, if you have a valid trust and can show 'written intent' (such as listing the property on the trust's Schedule of Assets), a Heggstad Petition can be used to transfer the home into the trust after death without a full probate.

How much does a Heggstad Petition cost compared to probate?

A Heggstad Petition typically costs $3,000-$7,000 in legal fees, while full probate for a $1.5 million Glendale home would cost approximately $56,000 in statutory fees alone.

The Heggstad Petition: Fixing the "Unfunded Trust" Without Full Probate

Q: What is a Heggstad Petition?

A Heggstad Petition is a legal process under California Probate Code §850 that allows property to be transferred into a trust after death, even if the deed was never formally changed. It can save families thousands of dollars and months of time compared to full probate.

Transfer Property Into Your Trust in 60-90 Days | Avoid $50,000+ in Probate Fees

House not in your trust? Under California Probate Code §850, we can often bypass the traditional 18-month probate process. Our Glendale Heggstad Petition attorneys have helped hundreds of LA County families save time and money.

Request Free Heggstad Consultation (818) 291-6217

It is a common nightmare for Glendale families: a loved one passes away with a comprehensive Living Trust in place, only for the family to discover that the family home was never formally deeded into the trust. Typically, this would trigger a full, 18-month probate process at the Stanley Mosk Courthouse.

However, under California Probate Code §850, we can often bypass the traditional probate process using what is known as a Heggstad Petition.

What is a Heggstad Petition?

Named after the landmark 1993 case Estate of Heggstad, this legal maneuver allows a judge to declare that an asset (like a home in Rossmoyne or a condo in Burbank) is part of a trust, even if the title was never formally transferred.

If we can prove the decedent's clear intent to include the asset—usually via a "Schedule A" or a general assignment—we can secure a court order to "fund" the trust retroactively.

Why This is the Preferred Option for LA County Families

Speed

A Heggstad Petition is typically resolved in 60–90 days, compared to 18+ months for a full Los Angeles probate.

Cost Savings

Because it avoids the statutory fee schedule (which can cost $50,000+ for a standard Glendale home), it saves the estate thousands in court and legal fees.

Privacy

Unlike a full probate, which is a matter of public record, a Heggstad Petition is a targeted court action that keeps more of your family's financial details private.

Do You Qualify for a Heggstad Petition?

A Heggstad Petition may be appropriate if:

The decedent had a valid Living Trust at the time of death
The trust contains a "Schedule A" or general assignment listing the property
There is written evidence of the decedent's intent to include the asset
The property is located in Los Angeles County (Glendale, Burbank, Pasadena, etc.)

Common Situations We See:

Home was listed on Schedule A but deed was never recorded
Refinanced the house and forgot to re-deed it to the trust
Inherited property after the trust was created
Used a DIY trust service that didn't complete the funding

Heggstad Petition vs. Full Probate: Side-by-Side Comparison

Factor	Heggstad Petition	Full Probate
Timeline	60-90 days	18-24 months
Cost (for $1.5M home)	$3,000-$7,000	$56,000+
Court Appearances	1 hearing	Multiple hearings
Public Record	Limited exposure	Full public record
Requirement	Valid trust + written intent	None (default process)

Is Your Home Missing From Your Trust?

Don't let an unfunded trust cost your family $50,000+ in probate fees. Contact us for a Heggstad Petition consultation.

Request a Free Heggstad Consultation

Or call (818) 291-6217