This sample Heggstad Petition for California is used to request a Court order that all property described in a revocable living trust is trust property. The petition can be used in the right situations to avoid probate in California and was created by a freelance paralegal who has worked in California and Federal litigation since 1995 and has used this sample for many years. The sample is based on the California Court of Appeal case known as the Estate of Heggstad.

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1ANY ATTORNEY
LAW OFFICES OF ANY ATTORNEY
12345 ANY STREET
ANY TOWN, CA 55555
213-555-5555
Attorney for Petitioner
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ___________________
IN THE MATTER OF : ) CASE NO.
)
THE _________________ REVOCABLE ) PETITION FOR ORDER CONFIRMING
LIVING TRUST DATED ___________. ) SUCCESSOR TRUSTEE AND TRUST
) ASSETS 1[PROBATE CODE § 850(a)(3)]
)
) DATE:
) TIME:
____________________________________) DEPT:
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1Petitioner, _________________________, alleges that,
1. The Petitioner is the presently acting Trustee of the ___________________________
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REVOCABLE LIVING TRUST DATED _____________________. A true and correct copy of the
_____________ REVOCABLE LIVING TRUST DATED _______________________, is attached
hereto as Exhibit “A” and incorporated herein by reference.
2. ___________________died on __________________. Before her death,
____________________________was in the process of transferring title of all of her assets into the
Trust. In fact, on page 5 of the Trust, under the heading, “Specific Gifts of Real Estate”
___________________ gave ”All that real property situated in ______________ County, California,
commonly known as ________________________________”, to Petitioner,
____________________________. Said real property is a co-op apartment, and ownership is
represented by two certificates, (1) One Share of Stock Certificate in
_______________________________, and (2) One ____________________________ Membership
Certificate, number _____________________. True and correct copies of said certificates are
attached hereto as Exhibits “B” and “C” respectively, and incorporated herein by reference.
Be sure to modify these paragraphs to suit your individual
situation. Do NOT just use the wording here unless it definitely applies
to your particular situation. Remember that ANY property that was
described in the Trust can be listed here, bank accounts, stocks, bonds,
cars, etc, it does not have to be real estate.
3. On or about __________, _____________ executed a General Assignment of all
Personal Property into the Trust. A true and correct copy of said General Assignment is attached
hereto as Exhibit “D” and incorporated herein by reference.
4. On or about _________________, counsel for Petitioner, _______________
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received a letter from ____________, stock transfer agent for the _______________ in response to
his letter to her dated __________________. In the letter __________________ states that a Court
order is needed placing the two certificates by their corporate numbers into the Trust so that
Petitioner can then request membership in _____________, and complete the transfer of ownership
of said real property to the beneficiary listed in the Trust, namely Petitioner.
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California
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