Yucaipa, CA asked in Estate Planning and Probate for California

Q: I there a procedure called bequeeze or bequest that can avoid probate and heggstad?

*Is not I.

My grandmother recently passed away. I am now the trustee of the family trust. There are a couple of properties that didn't make it into the trust. Is there a legal procedure that can avoid probate and heggstad? My father believes this is called bequeeze or bequest.

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2 Lawyer Answers
Nina Whitehurst
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Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: A "bequest" is a legacy or gift handed down to someone in a will, or the act of making such a gift by will. To "bequeath" is to give personal property by will do another. They are almost synonyms of each other. Gifts made by will require probate to transfer, with some exceptions.

In California, if the value of the probate estate (things that did not make it into the trust and were not governed by beneficiary designations or joint tenancy or other tenancy with survivorship) is less than $150,000 you should be able to transfer them by using a small estate affidavit. However, the small estate affidavit cannot be used to transfer real property. The type of property transferred using a small estate affidavit typically includes bank accounts, stocks, mutual funds and other financial investments.

If the "properties" you refer to are real property, then this will require probate. If you have evidence that the decedent intended to place them in the trust, then a Heggstad petition might work and is quicker and cheaper than a full probate.

A probate attorney can help you with this.

James Edward Berge agrees with this answer

John B. Palley
John B. Palley
Answered
  • Estate Planning Lawyer
  • Roseville, CA
  • Licensed in California

A: A bequest is when a gift is made in a will. That would not avoid probate or Heggstad. Feel free to shoot me an email with other questions. I handle probates and heggstads throughout California and even own the domain name heggstadpetition.com

James Edward Berge agrees with this answer

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