The House Was Never Put in the Trust: Heggstad Petitions in California
When a parent's house was left out of their living trust, a Heggstad petition can avoid full probate. How it works, how long it takes…
Selling a home after a parent passes is rarely just a real estate transaction. There’s a court process or a trust to work through, siblings who may live in different states and see the house very differently, and a lifetime of belongings to sort before anyone can even think about listing. The articles and case studies here walk through how probate and trust sales actually work in Santa Clara County, from full versus limited authority under the Independent Administration of Estates Act to court confirmation, overbidding, and what Prop 19 and the step-up in basis mean for heirs deciding whether to keep, rent, or sell.
After 23 years and more than 460 closed transactions in Silicon Valley and the greater Bay Area, I’ve learned that the family side of these sales matters as much as the legal side. You’ll find real examples of executors, trustees, and adult children navigating these decisions together, along with practical guidance on preparing an inherited home, coordinating with attorneys and CPAs, and getting everyone to the closing table with relationships intact.
When a parent's house was left out of their living trust, a Heggstad petition can avoid full probate. How it works, how long it takes…
How to sell a house in probate in Santa Clara County: IAEA vs. court confirmation, overbid math, the 90% rule, fees, and realistic timelines from…
DISCLAIMERNothing on this page should be considered to be tax, accounting, legal, or investment advice. If you need a referral to an expert in these…
Updated October 2026 TakeawaysThe first 90 days after inheriting a home are critical. Decisions made — or deferred — during this window can have long-term…
DISCLAIMERNothing on this page should be considered to be tax, accounting, legal, or investment advice. If you need a referral to an expert in these…
Step-by-step guide for successor trustees selling a parent's house in a trust: the 60-day notice, recordings, BOE-502-D, appraisal, timelines, and trust vs. probate costs.
Statutory executor and attorney fees on a $1.8M Silicon Valley estate, referee and court costs, how the commission works in probate, and a sample San…
Inheriting property in Santa Clara County often means managing an asset worth well over a million dollars. The process involves coordinating family dynamics, legal paperwork,…
You are already dealing with grief. You are managing the paperwork, the funeral, the family. And then someone mentions the reverse mortgage your parent took…
DISCLAIMERNothing on this page should be considered to be tax, accounting, legal, or investment advice. If you need a referral to an expert in these…