The Heggstad Rescue: When an Asset Never Made It Into the Trust

What’s inside the guide

• How an asset can end up “in the trust” on paper but never actually get transferred
• What a Heggstad petition is and how it can finish an incomplete transfer without a full probate case
• The kind of paperwork a court looks for to show what the person actually intended
• The situations where this kind of petition works, and the ones where it doesn’t
• What’s at stake when a house or account gets left out of the trust

What is a Heggstad petition?

It’s a court petition asking a probate judge to confirm that an asset already belongs to a trust, even though the deed or account title was never formally changed. Instead of opening a full probate case, the petition asks the court to review the paperwork the person left behind and rule that the asset was always meant to be part of the trust. It’s a narrower, faster process than probate, but it only works when the evidence of intent is actually there.

Does an unfunded trust still avoid probate?

No. A living trust only controls what’s actually been put into it. If a house or an account was never retitled in the trust’s name, that asset does not avoid probate just because a trust exists somewhere in a drawer. That gap is exactly what a petition like this is built to close, but it doesn’t close itself, and someone has to ask the court.

How does a court decide whether an asset belongs in the trust?

The court looks for documents showing what the person intended, not just what the title on the asset says. That can include a trust schedule that lists the asset, a deed that references the trust, or other paperwork tying the asset back to the trust. The stronger and more consistent that paper trail is, the stronger the case for finishing the transfer without a full probate.

If you want to check whether your own trust actually holds everything it’s supposed to, start with a trust health check.