What Is a Heggstad Petition?

A Heggstad Petition may allow you to work around the extensive probate process and access your trust fund faster. This precedent is based on the 1993 California case of the Heggstad estate. In this case, the Heggstad decedent had written intentions of placing his property into a trust his beneficiaries could access but died before the deed was transferred to the trust.

When Mr. Heggstad’s heirs took this case to court, the judge ruled that the late Mr. Heggstad’s existing schedule of assets was enough proof of intent for the court to respect his wishes without entering a months- or even years-long probate process. Instead, the Heggstad heirs — and those in similar cases that followed — could access their trusts within a few weeks of the proceedings.

Table of Contents

• When Can I File a Heggstad Petition?
• How to File a Heggstad Petition
• The Heggstad Petition Timeline
• Let IFC Bring You Some Peace of Mind

When Can I File a Heggstad Petition?

Upon realizing you may need a Heggstad Petition, you should file for one immediately. A Heggstad Petition may be necessary for situations where:

• The decedent started to transfer their trust or estate but passed away before the transfer was complete.
• The decedent had written intentions of transferring their property but forgot to file it legally.
• The decedent had written intentions of transferring their property, but extenuating circumstances made them unable to do so.
• The decedent filed the transfer incorrectly.

How to File a Heggstad Petition

If you think your decedent’s trust is eligible for a Heggstad Petition, contact a probate lawyer. They’ll help you determine whether your situation fits the petition’s requirements. If it does, you’ll move forward to file with the court.

When you request to file a Heggstad Petition, you should come prepared with:

• The decedent’s information and their trust document
• Information about the assets in question
• Any documents explaining the decedent’s intents for their assets, such as a schedule of assets
• Information about all heirs and beneficiaries involved in the petition
• A detailed request for how the beneficiaries want the situation remedied

The Heggstad Petition Timeline

The Heggstad Petition timeline is significantly shorter than taking a will through probate and requires less extensive information to approve. This process is crucial when you need the money within the trust to fund utility bills, buy groceries, pay for child care or fulfill other daily needs. If the court rules in your favor, you’ll have access to the trust almost immediately so you can cover your necessities.

Let IFC Bring You Some Peace of Mind

Experiencing the death of someone close to you can be overwhelming. Lengthy probate proceedings — or even the shorter Heggstad Petition process — that keep your inheritance in limbo only exacerbate those already overwhelming circumstances. At Inheritance Funding, our job is to make your life easier by offering you an advance on your inheritance so you don’t have to wait months or years for the money that is rightfully yours.

Let IFC help you access the financial support you need as you navigate this time. We’ll give you the funds you’re owed immediately so you can take care of yourself today. Submit your free, no-obligation application today.