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The Power of Heggstad Petition and Probate Code 850

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BARTLETT, Tenn. - EntSun -- The Heggstad petition and Probate Code 850 stand out as powerful tools, particularly in the context of California law. This article aims to demystify these legal terms, shedding light on what a Heggstad petition is, its relationship with Probate Code 850, and the key aspects surrounding this legal process.

Understanding Heggstad Petitions:

A Heggstad petition is a legal remedy used in California probate law to address situations where a trustor's intent regarding certain assets was not clearly specified in the trust document. This petition derives its name from the landmark case of Estate of Heggstad (1993), which established the precedent for recognizing the validity of such petitions.

What is Probate Code 850?

Probate Code 850 is another crucial aspect of California probate law that comes into play when there is ambiguity or dispute regarding the ownership of assets. This code allows interested parties to petition the court to determine the property's status and, if necessary, order its inclusion in the probate estate.

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The Relationship Between Heggstad Petitions and Probate Code 850:

In many cases, a Heggstad petition and a Probate Code 850 petition go hand in hand. The former is often utilized to rectify discrepancies in the trust, while the latter allows the court to make determinations regarding the inclusion or exclusion of assets in the probate estate.

Initiating a Heggstad Petition in California:

When faced with the need for a Heggstad petition in California, it's crucial to understand the process involved. The petitioner must provide clear evidence demonstrating the decedent's intent for the assets in question to be part of the trust. This evidence could include trust documents, correspondence, or other written indications of the trustor's wishes.

Probate Code 850 Petition:

Navigating the Legal Landscape: For those contemplating a Probate Code 850 petition, understanding the grounds and procedures is essential. The petitioner must establish a basis for the court to intervene, such as a mistake in transferring property or an omission in the trust document that requires correction.

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Heggstad Petition Costs and Considerations:

One common concern is the cost associated with filing a Heggstad petition. While legal fees may vary, the potential savings and the preservation of the trustor's intended distribution often outweigh the expenses incurred in rectifying trust ambiguities.


In the world of estate planning and probate proceedings, the Heggstad petition and Probate Code 850 serve as invaluable tools for ensuring the proper administration of a trust. By understanding the nuances of these legal processes, individuals can navigate the complexities of California probate law with confidence and clarity. If you're wondering about the specifics of a Heggstad petition or Probate Code 850, consult with a qualified legal professional to ensure your estate planning goals are met seamlessly.

Learn more about The Heggstad Petition here:

Source: Will Advisory

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