What Happens If Property Was Not Transferred Into the Trust in California?
If a property was not properly transferred into a California living trust before the grantor's death, meaning the deed still shows the deceased's individual name rather than the trust, the property may need to go through probate. A trust can only hold property that has actually been transferred into it. Property that was intended to be in the trust but never formally transferred is considered the deceased's individual property and is subject to the same probate requirements as property owned without a trust.
Going Deeper
In some cases, a Heggstad petition (a court petition named after the California case that established the procedure) may allow the property to be brought into the trust without full probate, if there is clear evidence that the grantor intended the property to be part of the trust. This is faster and less expensive than full probate but still requires court involvement. Consult a California estate attorney immediately if you discover this situation, it is more common than most people expect and significantly affects the administration timeline and cost.
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