What Is a Heggstad Petition?

A Heggstad petition is a streamlined court request used when someone created a living trust and clearly intended a property to be part of it, but never formally transferred the deed into the trust before death. Rather than opening a full probate for that home, the successor trustee petitions the court to confirm the property belongs to the trust.

If the court agrees, based on evidence such as a trust schedule listing the property, the home is treated as a trust asset and can be sold by the trustee without full probate. This can save months and significant expense. It does not work in every situation; the intent to include the property must be well documented. If you find a trust exists but the home was left out, ask a probate attorney whether a Heggstad petition fits before assuming full probate is required.