Attorney
A California 850 Petition is a probate court request used to resolve disputes over property ownership, often when assets were intended to be transferred into a trust but never were. You may need one when a trust, estate, or individual believes property is being held by the wrong person or entity, and the court must step in to correct the record. This process allows the court to review the facts and issue a clear order so trust administration or probate can move forward.
What Is a California 850 Petition?
A California 850 Petition comes from Probate Code section 850 and is sometimes referred to as a Heggstad Petition. It allows a trustee, executor, beneficiary, or other interested party to ask the court to decide ownership or control of property, particularly when title or transfer records are unclear.
These petitions are commonly used to:
- Recover assets that should belong to a trust or estate
- Confirm that property was properly transferred before death
- Address claims of undue influence or improper title changes
- Resolve disputes between family members over ownership
In short, an 850 Petition gives the probate court authority to sort out property questions that cannot be resolved informally.
When Is an 850 Petition Necessary?
You may need an 850 Petition when the paperwork does not match the estate plan or when someone refuses to cooperate. Common situations include:
- Assets left outside a trust
A home, bank account, or investment account was meant to be transferred into a trust but was never retitled. - Property held in the wrong name
An asset remains in an individual’s name even though the trust is supposed to own it. - Disputes after death
A family member claims ownership of property that the trustee believes belongs to the trust. - Allegations of wrongdoing
Property was transferred shortly before death under suspicious circumstances.
If there is no clear path to resolve the issue through cooperation, the court may be the only option.
Examples of Common 850 Petition Scenarios
To make this more concrete, here are a few examples we regularly see:
- A parent created a trust but never transferred the family home into it. After death, the trustee must file an 850 Petition to confirm the home belongs to the trust.
- A child added their name to a bank account shortly before a parent passed away. Other beneficiaries dispute whether that transfer was valid.
- A surviving spouse and adult children disagree about whether certain assets are community property or trust property.
Each situation turns on facts, timing, and documentation, which is why careful preparation matters.
Who Can File an 850 Petition?
Several parties may have standing to file an 850 Petition, including:
- Trustees
- Executors or administrators
- Beneficiaries
- Conservators or guardians
- Individuals claiming ownership of disputed property
If you are directly affected by how property is titled or distributed, you may have the right to ask the court for clarity.
What Happens After an 850 Petition Is Filed?
Once filed, the petition starts a formal court process. This often includes:
- Notice to interested parties
- Exchange of financial records and title documents
- Written objections or responses
- A court hearing, and sometimes a trial
Some cases resolve through settlement before a hearing. Others require the judge to make findings about ownership, intent, or fairness. Either way, the process is structured and deadline-driven.
How We Handle California 850 Petitions
At Scott D. Fisher, A Professional Law Corporation, we regularly handle 850 Petitions as part of trust administration and probate matters. We know these cases often involve strained family relationships, time pressure, and valuable assets, and so we focus on steady guidance and practical solutions.
We approach these matters by:
- Reviewing trust documents, deeds, and account records
- Identifying whether court intervention is truly necessary
- Preparing clear, well-supported petitions
- Representing trustees and beneficiaries through hearings or resolution
Our goal is to move the process forward efficiently while protecting your role and responsibilities.
Why Addressing Ownership Issues Early Matters
Delays in resolving property disputes can slow down trust administration and increase conflict. Filing an 850 Petition at the right time can help clarify ownership, limit future challenges, and allow distributions to move forward.
If you are unsure whether an 850 Petition applies to your situation, getting guidance early can prevent costly missteps later.
Getting Clarity When Property Ownership Is Unclear
If you are facing a trust or probate dispute involving property ownership, an 850 Petition may be the right tool to resolve it. We can help you evaluate whether court action is needed and guide you through the process with clarity. Contact Scott D. Fisher, A Professional Law Corporation, to discuss your situation and next steps.