A California Probate Code 850 Petition allows litigants to seek the transfer of real property into or out of a trust. This type of application is commonly called a Heggstad Petition. If the decedent failed to transfer all of his/her assets into a trust before dying, a California Probate Code 850 Petition (or Heggstad petition) may be filed. By filing a petition, the property can be transferred directly to the trust beneficiaries instead of going back into the trust. Heggstad petitions apply to both personal and real property.

Under a California Probate Code 850 petition, the personal representative or any interested party is provided the opportunity to petition the court for an order under any of the following circumstances:

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(A) 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.

(B) 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.

(C) 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.

(D) Where the decedent died having a claim to real or personal property, title to or possession of which is held by another. See California Probate Code Section 850 for more information.

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California Probate Code 850 Petition!

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Filing a California Probate Code 850 Petition

To get relief under California Probate Code 850, the claimant must file a petition that details facts to support the claimant’s position. The petition should include the names and addresses of all interested parties. All interested parties must be provided with notice of the petition’s hearing date. If the 850 petition is contested by an interested party, the matter will be heard in court as follows:

  1. Trial Setting Conference
  2. Mandatory Settlement Conference
  3. Trial

During litigation, the moving and non-moving party can conduct discovery. This includes obtaining depositions, interrogatories, and the production of documents. The petition should include supporting exhibits demonstrating the Settlor’s intent to hold the property in trust. Most Heggstad petitions are resolved in less than three months. If a petition is approved, the assets will be part of the trust and hence controlled by the trustee.

Most people file a California probate code 850 petition to save on probate costs. It is much cheaper to file a Heggstad or California Probate Code 850 petition than to probate an estate, There may, however, be certain situations where filing probate may be better than filing a Probate code 850 or Heggstad petition.

Contact A People’s Choice for more information about how to transfer real or personal property into a trust by filing a California Probate Code 850 or Heggstad petition. Call today at 800-747-2780.

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