A Heggstad Petition is typically filed when trust assets identified in a living trust have not properly been titled in the name of the trust. When you file a Heggstad Petition, you allege that it was the Trustee’s intent to have these omitted assets part of the trust and, in doing so, ask that the court allow the assets to be transferred to the Trust post-death of the Trustee so that they do not need to be probated.

Filing a Heggstad Petition through our office costs about 2/3rds less than the cost of filing a full probate. In adddition, a Heggstad Petitiion does need newspaper publication or a probate referee appraising the assets. This could save the estate over $3,000 in fees and costs.