Q: Can you file a Heggstad Petition without being in probate or filing Petition for Probate with court?
A: Yes. A Heggstad petition is a request filed by the trustee of a trust with the probate court to confirm the validity of a trust, the name of the trustee, and the existence of trust assets. It’s often used to avoid a full probate of the estate which can cost thousands of dollars and take 12-18 months to complete. A Heggstad petition by contrast can be heard ex parte by a judge within 30 days if your paperwork is in order.
Gerald Barry Dorfman agrees with this answer
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