California Heggstad Petition (Prob. Code §850)

Get the court order that puts the house in the trust — without the lawyer, and without a full probate.

A Heggstad petition (Prob. Code §850) asks the court to confirm the house belonged to the trust. You are the petitioner; a registered California Legal Document Assistant prepares, files, and serves your papers at your direction, through the recorded order.

Talk to a Real PersonSee Which Path You Need 5 questions, ~2 min

Talk to a registered LDA free — or check it yourself and pay only when you file.

Is this you?

The trust says it owns the house. The deed says otherwise.

  • A refinance took the house out of the trust.
  • The house was bought after the trust was signed.
  • The deed was never recorded to the trust.
  • The trust’s schedule of assets lists the house, but the deed is still in their name.
  • An account or investment was never retitled into the trust.

If one of these sounds familiar, this is what a Heggstad petition fixes.

How it works

From documents to a recorded order.

Every step happens in your ProbateClear dashboard.

01Guided intakeUpload

Answer plain questions. We fill in the details.

No legal forms to decipher, and nothing to pay until you file.

  • Answer plain-English questions from your phone or computer
  • Upload the trust, deed, and death certificate — we read them and fill in the details
  • We tell you if anything is missing
Tell us about the house step 2 of 5
Was the house bought before or after the trust was signed?
BeforeAfter
trust.pdf✓ read
deed.pdf✓ read
Death certificateupload

Illustration — sample case, not a real client’s file.

02Title recordsResearch

Your petition matches the public record.

A description that matches the record is one less reason for papers to come back from the court or the recorder.

  • Your LDA pulls the recorded deeds and county parcel records — including any lot split
  • The property description in your petition is matched to the public record
Parcel & deed recordcounty recorder
APN264-18-031
Lot split fromAPN 264-18-007
Last recorded deedGrant deed · 2014
Vested inPaul Delacroix
✓ Legal description matchedby Anh M.

Illustration — sample case, not a real client’s file.

03Your documentsPreview

Every document, prepared and checked.

A court-ready filing, prepared by someone who does this every day.

  • A complete §850 petition, with the proposed order and every exhibit attached
  • Your declaration: the facts you give us, typed at your direction and organized with the exhibits
  • The whole filing package is checked before it goes to court
  • Revisions included — as many as you need
Your filing package checked ✓
§850 Petition✓ ready
Declaration✓ ready
Proposed Order✓ ready
Exhibits A–C✓ attached

Illustration — sample case, not a real client’s file.

04Review and e-signE-sign

Nothing is filed until you approve it.

You stay in control, without printing, scanning, or mailing.

  • Preview every document in your dashboard
  • Sign online — nothing is filed until you approve it
Sign to authorize filinge-sign
Paul DelacroixPetitioner
Sign & approve
Nothing is filed until you sign4 documents

Illustration — sample case, not a real client’s file.

05Filed with the courtLive status

Filed for you, and tracked live.

No trips to the clerk’s office, and no calling to ask where things stand.

  • Your LDA e-files everything with the court
  • Your filing and hearing date appear live in your dashboard
Heggstad petition §850
PetitionFiled
CourtSanta Clara Superior Court
HearingNov 12 · Dept 13
Filed byAnh Morales, LDA
Hearing date added to your dashboard

Illustration — sample case, not a real client’s file.

06Notice servedService log

Everyone the law requires gets notice.

The court must be satisfied that notice was properly given before it can grant your petition (Prob. Code §1260). Notice problems can push the hearing back, so we serve it the way the law requires.

  • Notice of hearing and a copy of the petition, served on everyone the law requires, in the way the law requires
  • At least 30 days before the hearing
  • See who was served, and when
Notice of hearing service log
Maria Delacroixserved Oct 8
Daniel Delacroixserved Oct 8
Sofia Reyesserved Oct 9
✓ Proof of service filed34 days before hearing

Illustration — sample case, not a real client’s file.

07Your hearingMessages

Ready for your day in court.

You walk in knowing what to expect.

  • You appear as the petitioner — beforehand, we walk you through courtroom procedure
  • The law requires at least 30 days’ notice, so the hearing is at least a month after filing — often longer, depending on your court’s calendar
  • If the court posts notes, we prepare the corrected papers you direct
  • In much of Northern California your LDA can sit with you at the hearing; elsewhere, we help you set up a remote appearance where your court allows one
AM
Anh Morales
Your Legal Document Assistant · online
Your hearing is Nov 12, Dept 13, at 9:00. Check in with the clerk, then wait for your case to be called.
What happens when it’s called?
Let’s walk through the courtroom procedure on a call Thursday. I’ll sit with you at the hearing.
Message Anh…

Illustration — sample case, not a real client’s file.

08Order recordedDownload

The house is on record as trust property.

Once the order is recorded, you can sell, refinance, or distribute the house.

  • The signed order is recorded with the county recorder, together with the Preliminary Change of Ownership Report (PCOR)
  • We prepare the assessor filings that follow a death: the Change in Ownership Statement (BOE-502-D), and, if you choose to claim one, a parent-child exclusion claim (BOE-19-P)
  • Download the signed, recorded order from your dashboard
Order — property of the trustrecorded
Recording no.2026-0148823
RecordedDec 3, 2026
PCOR✓ filed with the recorder
Download recorded order

Illustration — sample case, not a real client’s file.

Message your LDA any time along the way — every step, document, and update lives in one place.

Who we are

A real California LDA behind every filing.

Anh Morales
Anh Morales
Registered Legal Document Assistant
LDA #238 · Santa Clara County · English & Vietnamese
I became a founding partner because ProbateClear does the heavy document lifting — so I can focus on what families need most from me: careful review and a steady hand through the process.
Eric Morales
Eric Morales
Registered LDA · Certified Estate Planner
LDA #256 · Santa Clara County · English & Spanish
Probate paperwork rewards structure: the right documents, prepared correctly, filed on time. That's the discipline I built over a career in IT and project management — now in service of families.
Ida Ayvazians
Ida Ayvazians
Registered Legal Document Assistant
LDA #2025198005 · California-registered & bonded
After years inside law firms, I watched families pay full attorney rates for paperwork that never needed one. For a straightforward estate, that money should stay with the family — and that's what I get to protect here.

Talk to us free — you’re never billed for a call, a meeting, or a question — and message your LDA any time.

The price

One flat fee. Every step above included.

Attorney-prepared Heggstad petition
$3,500–$8,000+
  • Many law firms bill by the hour
  • Calls and emails often billed
  • Final cost unknown until the end
Flat fee
ProbateClear + your LDA
$1,400 flat
  • Title records, petition, declaration, notice
  • E-filing, hearing prep, recorded order
  • Revisions and messages included

$1,400 flat for our document service. The court’s filing fee ($435 in most counties) is paid to the court separately. You may qualify for a fee waiver.

Talk to a Real PersonSee Which Path You Need 5 questions, ~2 min

Talk to a registered LDA free — or check it yourself and pay only when you file.

Straight talk

When a §850 petition is not the answer.

These petitions turn on a signed writing, not on what everyone remembers the person intending. If the paperwork isn’t there, the petition is a hard one, and we will say so before you pay for it.

If any of these apply, we’ll flag it and help you find a vetted attorney — no upsell, no pressure.
  • A beneficiary is contesting the trust or the asset
  • The asset was signed into a different (earlier) trust
  • The trust paperwork does not describe the asset at all
  • Out-of-state real property is involved
Questions

What people ask us first.

It depends on the court. In many courts, if the probate examiner’s notes are cleared and no one objects, an uncontested petition may be approved with little or no discussion; other courts require the petitioner to appear. Your notice of hearing states the date, time, and department. An LDA who attends with you cannot speak for you, but can answer the judge’s questions about the proof of service they signed.
Free · no obligation

Talk to an LDA about your house today.

Tell us what happened, and we’ll walk you through how the process works and what it costs.

Talk to a Real PersonSee Which Path You Need 5 questions, ~2 min

Talk to a registered LDA free — or check it yourself and pay only when you file.

California-registered LDAsFlat feeNot a law firm
ProbateClear
Simplified California probate — a flat fee, often no court at all. Prepared by California-registered Legal Document Assistants.
ProbateClear is a document-preparation service, not a law firm, and does not provide legal advice or create an attorney-client relationship. Document preparation and independent review are provided by California-registered Legal Document Assistants under Business & Professions Code §6400. ProbateClear is a service of Winsighter, LLC.