When a loved one passes away, surviving spouses often face complex legal hurdles in securing assets—especially when estate planning documents are incomplete or improperly implemented. Fortunately, two powerful legal tools under California law—Heggstad Petitions and Spousal Property Petitions—can be used in tandem to ensure that the surviving spouse receives the property to which they are rightfully entitled.
We will note that non litigated matters generally use just one tool – either the Spousal Property Petition or the Heggstad Petition. However, when a matter is litigated, often multiple Petitions will be submitted to the Court to gain the most leverage and put the Client in the best position.
A Case Example: Coordinating Two Petitions for a Successful Outcome
After the death of a California resident in 2023, the surviving spouse was left with uncertainty surrounding several financial accounts and personal property. Although the Decedent had created a revocable living trust, not all of the accounts had been properly titled in the name of the trust before death. These included multiple bank accounts, certificates of deposit, and even a vehicle—assets the couple had accumulated during more than two decades of marriage.
Recognizing the need to avoid probate and preserve her rights as a surviving spouse, the Petitioner pursued a two-part legal strategy:
- A Heggstad Petition was filed under California Probate Code §850 in Contra Costa County. This petition asked the court to confirm that certain assets—although not formally transferred into the trust—were nonetheless intended to be trust property based on the Decedent’s clear intent and estate planning documents.
- A Spousal Property Petition was also filed to confirm that many of these same assets were community property, acquired during the marriage, and therefore should pass directly to the surviving spouse without going through probate.
The Power of Combining These Petitions
By filing both petitions, the Petitioner was able to address two key legal hurdles: confirming trust ownership of untitled assets and asserting her rights as a surviving spouse under California’s community property laws.
This dual-petition strategy allowed the surviving spouse to:
- Avoid the cost and delay of formal probate
- Confirm her rightful interest in community property
- Secure ownership of financial accounts and personal property that would have otherwise been subject to dispute
Ultimately, the court granted both petitions, and the surviving spouse received the assets without further litigation or probate proceedings.
Why This Matters
When trust funding is incomplete—a common issue in estate planning—assets intended for a trust may be overlooked during administration. Likewise, even well-meaning estate plans may not fully account for California’s strong community property protections.
By using both a Heggstad Petition and a Spousal Property Petition, surviving spouses can preserve their rights and ensure a smooth transfer of assets without unnecessary court intervention.
At Talbot Law Group, P.C., we specialize in resolving these types of matters efficiently and compassionately. If your loved one passed away and you’re unsure how to claim the assets you’re entitled to, contact us today to schedule a consultation.
📞 (925) 322-1795 | 📧 consults@talbotlawpc.com | 🌐 www.talbotlawpc.com