California Probate Code Section 850

Section 850 is the successor to probate code section 9860 with the purpose to consolidate a decedent s estates trusts conservatorship and guardianships into one section.

California probate code section 850. Findlaw codes are provided courtesy of thomson reuters westlaw the industry leading online legal research system. It is important to know that personal property can also be subject to a heggstad petition just like real property. A where the conservatee is bound by a contract in writing to convey real property or to transfer personal property executed by the conservatee while competent or executed by the conservatee s predecessor in interest and the contract is one that can be specifically enforced.

California probate code section 850. A the following persons may file a petition requesting that the court make an order under this part. Probate code section 850 section 850 is a very useful tool for trust and estate attorneys.

1 a guardian conservator or any claimant in the following cases. 1 a guardian conservator or any claimant in the following cases. For more detailed codes research information including annotations and citations please visit westlaw.

California probate code section 850 also known as a heggstad petition under certain conditions allows for transferring real estate or personal property title into a trust. A where the conservatee is bound by a contract in writing to convey real property or to transfer personal property executed by the conservatee while competent or executed by the conservatee s predecessor in interest and the contract is one that can be specifically enforced. Those civil action matters are raised to the extent that the matters are related to what is included in the 850 petition.

When title to real property is not in trust ownership at the time the creator of the trust dies the personal representative or any interested third party may petition the court to declare the real property a trust asset. And to provide for claims causes of action. Findlaw codes may not reflect the most recent version of the law in your jurisdiction.

Section 850 provides for the determination of claims brought to determine ownership of real or personal property claimed by an estate a ward or conservatee or a trustee.