Several of the Probate Courts in the State of California make it difficult to get Heggstad relief easily or quickly:

  • Some courts appear to impose local rules and requirements that exceed the plain language of Probate Code Section 15403 or 15409;
  • Some courts may limit the number of ex parte petitions considered in a month;
  • Some courts may even eliminate the ability to bring such a Probate Code Section 15403 or 15409 petition on an ex parte basis, requiring noticed hearings instead

Even where the local Probate Court is receptive to these petitions, noticed hearing dates may take several months to be heard on the court’s calendar.    Time delays may interfere with the timely completion of post-mortem trust administration, may trigger unnecessary tax return filings for unwanted irrevocable trusts, or limit the ability to do further estate planning because assets are either still owned in irrevocable trusts or are restricted because a trust requires funding of an irrevocable trust.