The Heggstad petition

The Heggstad petition, also known as the 850 petition, is a legal process made to the probate court. Its primary purpose is to include an asset in a trust that wasn't originally specified in the estate planning documents.

This petition derives its name from a 1993 California court case. Halvard L. Heggstad aimed to add real property to his revocable living trust but didn't manage to do so before his death. However, he had drafted a schedule of assets, both tangible and intangible.

Recognizing this schedule as sufficient evidence of intent, the Superior Court of San Mateo County ruled in favor of including the property title in the trust, sparing the family from probate proceedings. The Heggstad petition is an essential tool in estate law, ensuring that a loved one's intentions for their trust after death are fully realized, even if certain assets were initially omitted.