When creating a trust estate, all assets should be individually assigned to the trust by changing the titles. However, assets are often overlooked and may remain probate assets despite the presence of a trust. There is a remedy for this problem if the trust itself lists the assets that it is intended to secure, or if the trustor signed a document stating that all assets should be placed in the trust. In California, these circumstances allow our lawyers to file a Heggstad petition. We ask the court to declare that all of the decedent’s assets were intended to be trust assets, eliminating the need for probate.
