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In California, Probate Code § 850 allows a litigant to file a petition, also known as a “Heggstad Petition,” to seek the transfer of property into or out of a trust or estate. A Heggstad Petition may be an option under any of the following circumstances:

• Where the decedent while living is bound by a contract in writing to convey real property or to transfer personal property and dies before making the conveyance or transfer and the decedent, if living, could have been compelled to make the conveyance or transfer;
• Where the decedent while living binds himself or herself or his or her personal representative by a contract in writing to convey real property or to transfer personal property upon or after his or her death and the contract is one which can be specifically enforced;
• Where the decedent died in possession of, or holding title to, real or personal property, and the property or some interest therein is claimed to belong to another; or
• Where the decedent died having a claim to real or personal property, title to or possession of which is held by another.

A Heggstad Petition can save an estate, as well as the beneficiaries of the estate, both time and money. To find out if estate property qualifies for transfer using a Heggstad Petition, consult with the probate attorneys at Arcstone Law. Our experienced probate team will evaluate your circumstances and advise you on the viability of recovering assets using a 850 Petition as well as assist you with the petition process if the property qualifies. Contact our office today by calling (855) 219-3333.