From Panic to Relief: The SUPER Heggstad Way

One of the most stressful and unexpected discoveries during trust administration is realizing that a loved one created a trust—but didn’t transfer all of their assets into it. This situation is far more common than most families realize. Assets are often left outside the trust when someone refinances real estate, opens new bank or investment accounts, acquires property later in life, or simply doesn’t fully understand how trust funding works. Unfortunately, these small oversights can create big concerns for the trustee and beneficiaries after death.

The initial reaction is almost always panic: “Does this mean we’re headed to probate?” Probate can feel overwhelming—time-consuming, expensive, and public—especially when the entire purpose of creating a trust was to avoid it. The good news is that, for many families, the answer may be no.

When a Heggstad Petition Can Save the Day

In many cases, a Heggstad Petition can provide a practical and efficient solution. A Heggstad petition allows the court to confirm that an asset belongs to the trust when there is clear evidence that the decedent intended for it to be included, even though the formal transfer paperwork was never completed. This intent can often be shown through documents such as the trust’s schedule of assets, trust language, or other supporting records.

A common example involves real estate. If a home was originally transferred into the trust but later refinanced and unintentionally left out, or if the property is listed in the trust’s asset schedule but never formally retitled, a Heggstad petition can ask the court to recognize the home as a trust asset. When granted, this allows the trustee to administer the asset under the trust—without opening a full probate case.

While the process does still require a formal court filing, supporting evidence, and judicial approval, it is significantly faster, more private, and far less expensive than probate. For families who qualify, a successful Heggstad petition often brings an enormous sense of relief. It honors the loved one’s true intent, keeps the estate plan intact, and allows the trust administration to move forward smoothly.

SUPER Heggstad to the Rescue

At our firm, we take this process a step further. Ask us about how we employ our “SUPER Heggstad” approach, which—when appropriate—allows us to streamline the process and, in many cases, complete it in as little as two weeks. This can mean faster access to assets, fewer delays, and less uncertainty for trustees and beneficiaries alike.

When addressed early, a Heggstad petition can help trustees avoid administrative roadblocks, reduce tension or confusion among beneficiaries, and resolve the estate more efficiently and with far less stress.

If you’ve discovered that an asset was never placed into a trust, don’t assume probate is inevitable. Contact us to learn whether a Heggstad petition—and our SUPER Heggstad process—may be an option for your situation. Acting early can make a meaningful difference and dramatically smooth the road ahead for everyone involved.