Our Services
Probate
Probate is the court-supervised process for handling a person's estate after they pass away. This includes:
Validating the will (if there is one)
Managing property
Settling debts
Distributing assets to heirs
We make the California probate process as simple and efficient as possible - so you can focus on what matters.
New law affecting small estates and probate filings takes effect April 1, 2025.
Heggstad Petition
A Heggstad Petition is a summary probate procedure used in California to transfer a decedent’s assets into a trust after death—even if the title to the asset was never formally changed to the name of the trust. This petition is based on the 1993 case Estate of Heggstad, which allows the court to confirm that an asset was intended to be part of a trust without going through a full probate.
When is it used?
A Heggstad Petition is typically used when:
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The decedent created a valid trust,
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The asset was listed on a trust schedule or there is written evidence of intent to include it in the trust, but
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Title was mistakenly left in the individual’s name instead of the trust.
While a Heggestad Petition must be approved by the Probate Court, this petition can save time, cost, and avoid a full probate process.
Spousal Property Petition
A Spousal Property Petition is a summary probate procedure available when one spouse or registered domestic partner dies, and the surviving spouse is entitled to receive property from the deceased spouse without going through a full probate.
Who is eligible?
You may qualify to file a Spousal Property Petition if:
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You are the surviving spouse or registered domestic partner, and
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The decedent's property passed to you either through community property rights or by will/trust.
This process is generally faster and less expensive than probate and is often used to confirm or transfer title to real estate, bank accounts, or other assets.
Plan Ahead with Confidence, Rely on Experience.
At Advance Planning, we make it easier to understand your legal options, connect with a qualified attorney, and start building a secure plan for your family.
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Focused on Probate
We focus on California probate law delivering expert legal guidance tailored to your family’s needs.
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Led by an Experienced Attorney
Attorney Grant A. Toeppen is licensed in California and New York, bringing years of legal experience and mediation skills to every case.
Serving Multiple California Counties
We assist clients across the Bay Area and Central Valley, with a focus on:
Alameda County: Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton, San Leandro, Union City, Ashland, Castlewood, Castro Valley, Cherryland, Fairview, Happy Valley, Hillcrest Knolls, San Lorenzo, and Sunol
Contra Costa County: Antioch, Brentwood, Clayton, Concord, El Cerrito, Hercules, Lafayette, Martinez, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, Walnut Creek, Danville, and Moraga
Also serving: Santa Clara, San Mateo, San Francisco, San Joaquin, and Stanislaus counties