Chico Heggstad Petitions 

At The Law Office of Nikki Farris, we are dedicated to assisting the residents of Chico and surrounding communities with Heggstad petitions to process their loved ones’ estates. Our team, with deep roots in Butte County spanning two generations, also extends its services to clients in Glenn, Tehama, and Plumas Counties, ensuring comprehensive coverage across Northern California. With extensive experience in handling diverse estate planning services, we are well-equipped to navigate the complexities of any Heggstad petition. Our knowledgeable and compassionate team is here to support you every step of the way, providing personalized solutions tailored to your unique circumstances.  

Call us today at (888) 325-1181 or reach out online for sound and reliable legal assistance from The Law Office of Nikki Farris. With over 20 years of work in the legal field, our team is prepared to help you navigate all your estate planning and probate needs. 

 Understanding Heggstad Petitions 

A Heggstad petition is an essential legal tool to address situations where certain assets were not formally transferred into a deceased individual's trust. This scenario often arises when real or personal property is inadvertently left out of the trust despite the trust creator's intentions. Various reasons can contribute to this oversight, such as forgetting to transfer the assets or overlooking them entirely during the trust creation process. 

A frequent issue is when real property is temporarily removed from the trust for refinancing purposes and then not returned to the trust once the process is complete. In such cases, rather than going through the lengthy and complex probate process, California Probate Code § 850 offers an alternative by way of a Heggstad petition. This petition allows a trustee or beneficiary to appeal to the court to recognize the property as part of the trust.  

If successful, the court issues an order confirming that the property should be treated as a trust asset, aligning with the trust creator’s original intent. This judicial declaration can significantly streamline the distribution of the estate by bypassing the need for probate, providing a more efficient resolution for the beneficiaries involved. 

The Heggstad Petition Process 

Navigating the Heggstad petition process can be complex, so enlisting the help of a probate attorney is highly recommended. The first step involves filing a verified petition that outlines the pertinent facts of the case. This petition must include the names and addresses of everyone who needs to be notified about the petition. Once the petition is filed, the court will set a hearing date. California law requires that all parties involved receive a 30-day notice about the hearing. During the hearing, petitioners will have the opportunity to present any documentation that supports their filing. Typically, the entire process, from the preparation and filing of the petition to the final decision by the judge, can be completed within 60 days. 

In certain circumstances, an expedited process known as an "ex parte" application can be used to speed up the Heggstad petition process. This faster route is available only under specific conditions: all interested parties must waive their right to a hearing notice, consent to the petition, agree on the venue, and ensure no objections will be raised. If these criteria are met, the process can move swiftly, bypassing some procedural delays associated with a standard petition. 

Costs and Fees for Heggstad Petitions 

At The Law Office of Nikki Farris, our team is prepared to help clients handle Heggstad petitions of varying complexity with confidence. Working with an attorney is key when filing a Heggstad petition in California. Your attorney can ensure you are aware of fee schedules, which can be impacted by a range of factors. The cost of filing a Heggstad petition can vary based on whether the petition is contested or uncontested. Primary expenses vary by county but generally range from $435 to $465. Various issues, like minor beneficiaries, incapacitated adult beneficiaries, or missing beneficiaries, can complicate petition requests. Any of these complications could lead to increased fees and delays. Other potential costs include document preparation fees, process services, and notary services. Our experienced probate attorney can provide a detailed estimate of the total costs specific to your situation.  

Contact Us for Assistance with Heggstad Petitions in Chico 

If your loved one did not transfer their assets into a trust as intended, reaching out for legal assistance can help fulfill their wishes. At The Law Office of Nikki Farris, we provide sound guidance as you navigate the complexities of a Heggstad petition. By working with our team, you can help distribute your loved one's assets according to their desires. 

Whether you have questions about filing a Heggstad petition or any other estate law concerns, call (888) 325-1181. You can also contact us online to schedule a consultation today.