Completing a Heggstad Petition in San Diego - We Have You Covered

If your loved one passed away with a - revocable living trust, but - some assets were left out, you might be worried that a full probate proceeding is inevitable.

Fortunately, there’s a powerful legal tool called a - Heggstad Petition (sometimes called an 850 Petition) that may allow you to avoid a full probate proceeding—and we can help you complete the entire process virtually.

At Jenkins & Jenkins, we help clients throughout - San Diego County file Heggstad Petitions without ever stepping foot in court or coming into an office. Everything is handled through - secure video conferencing, with clear guidance and support every step of the way.

What is a Heggstad Petition?

A Heggstad Petition (named after the 1993 California case Estate of Heggstad) is a special court filing that asks the judge to confirm that an asset belongs to a deceased person’s trust—even if it wasn’t formally transferred before death.

This is often used when:

• Real estate was never re-titled into the name of the trust

• A bank or investment account was left outside the trust

• The trust schedule (Exhibit A) lists the asset, but no deed or paperwork was updated

By filing a Heggstad Petition, you can potentially bring that asset into the trust without going through full probate—saving time, stress, and legal costs.

Who Can File a Heggstad Petition?

A Heggstad Petition is typically filed by the successor trustee of the trust—the person now responsible for managing the trust after the original trustee has passed away.

If you're the successor trustee and discovered that certain assets were not properly funded into the trust, we can help you determine if a Heggstad Petition is the right solution.

100% Virtual Heggstad Petitions - No Office Visits or Court Appearances

At Jenkins & Jenkins, we understand how overwhelming it can be to deal with court filings and legal formalities, especially while grieving. That’s why we’ve created a fully remote process for filing Heggstad Petitions in San Diego County.

Here’s how we make it easy:

🖥️ Meetings by Video Conference – All consultations and legal reviews are done securely online

📝 Electronic Signatures – No printing or mailing—just quick and easy digital signatures

⚖️ Court Filings Handled for You – We prepare and file all documents with the San Diego Probate Court

👨‍⚖️ Attorney Representation – We appear in court on your behalf—no need for you to appear in Court in most cases

You can handle the entire Heggstad Petition process from anywhere in California—or the U.S.

Our Proven Process for Heggstad Petitions

Here’s what it looks like to work with us:

1. Free Video Consultation
We review the trust documents, asset information, and determine if a Heggstad Petition is a viable option.

2. Petition Drafting & Filing
We prepare the court petition, supporting declarations, and required exhibits (such as the trust, property records, and schedules).

3. Court Appearance on Your Behalf
We file the petition with the San Diego Probate Court and attend the hearing as your legal representative.

4. Final Court Order
Once approved, the asset is legally recognized as trust property—and can be distributed according to the Trust without further probate court involvement.

Our clients love how smooth, transparent, and time-saving this process can be when done right

Why Choose Jenkins & Jenkins?

✅ San Diego Probate Court Experience

✅ 100% Remote – No Office Visits Required

✅ Prompt, Personal Attention

✅ Clear Flat-Rate Pricing

✅ Help for In-State and Out-of-State Trustees

Whether you’re in San Diego or managing a loved one’s trust from across the country, we make the Heggstad Petition process clear, convenient, and court-approved—without ever needing to step into a law office or courthouse.

Start with a Free Probate Roadmap Call

Not sure if a Heggstad Petition is the right option? Let’s talk. We’ll review your situation and help you understand your best path forward.

Schedule your free Probate Roadmap Call with our Attorneys today and get the answers you need!