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Probate Code §850 Petitions

Explanation from Our Los Angeles Probate Lawyer

There are a variety of individuals who can file a petition to make a request to the court. The filing of this type of petition in California is called a Heggstad petition. If an individual's property was placed in a revocable living trust prior to his or her death, they will not have to deal with the ordeal of a standard probate proceeding. A Heggstad petition is available in California for property that is left outside of the trust. This petition can be completed typically in less than three months.

As you file a Heggstad petition, work with our Los Angeles probate attorney to ensure that you properly protect your rights.

Requirements for Filing a Petition

Under Probate Code §850(a)(3), any interested parson, typically a trustee, can file a petition if the trustee is in possession of real or personal property that is claimed to another. There are specific requirements for that individual, however. The trustee can file if he or she is in possession of real or personal property and another individual has claim on that property. The trustee will also be required to have a claim to real or personal property, title to or possession of what is held by another. The last requirement is that the property of the trust will have to be claimed to be in subjection to a creditor of the settlor of that particular trust.

What will a Probate Code §850 petition include?

A Probate Code §850 petition call also include claims, causes of action, or civil action matters. Those civil action matters are raised to the extent that the matters are related to what is included in the §850 petition. It is important to know that personal property can also be subject to a Heggstad petition, just like real property. For those in need of legal representation for a petition, they can speak with a Los Angeles probate attorney from our firm.

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