How To File a Heggstad Petition

When you hear the term probate, the first thing that comes to mind is the process of distribution of assets after someone’s death. However, the Riverside Probate Code covers much more than the administration of wills and trusts. From conservatorships and child support to foreclosures and health care, if you are unfamiliar with the ever-evolving changes, it could cost you more than just time or money. The Ever-Evolving Probate Code If you choose to handle probate issues on your own, be aware that since 2024, there have been several significant changes to the Riverside Superior Court Probate Code. These include rule updates for trust termination, child support, and debtor examinations, changes to procedures, forms and terminology, and an expansion in electronic filing will soon open the door to a more streamlined probate process. Let’s take a closer look at a few of the more essential updates to the probate code. ( This is not an exhaustive list; to stay fully informed and compliant, please do your own research or talk to a qualified probate attorney.) Form Changes SB 1106 extends the amount of time you have to notify parties of a move to 20 days prior and emphasizes electronic delivery as the court’s preference for all notices. Within AB 2016, a new Judicial Council form (JCC form) further clarifies the modification and scope of a new dollar limit for the administration of property succession. Foreclosure sale prices must now be at least 67% of fair market value, and sale delays have been enhanced. The Level of Care Declaration, which emphasizes patient privacy in medical information, has been replaced with the Confidential Care Plan form (GC 355). This form must be filed within 120 days of appointment and 10 days before your termination hearing. Non-compliance will result in a $500 penalty and/or removal from the case. Conservatorship Changes A shift to person-oriented language, such as using “a person with a mental health condition” instead of “mentally ill person,” allows for less stigmatizing terminology and emphasizes respect and dignity for those with mental health issues. To help protect an individual’s privacy and digital legacy, conservators can only access a digital asset catalog of a decedent’s assets, while an agent needs explicit power-of-attorney authorization ( SB 1458). And the process for initiating conservatorship proceedings for those experiencing a mental health crisis have also been significantly changed. Death Notice Changes To keep all involved parties informed, you must now include the deceased’s funeral, burial, and/or memorial location to the death notice. Child Support Protecting the financial resources of children with disabilities is the focus of AB 2397, which expands the court’s authority to place child support payments into a special needs trust. Court Orders and Closures The Temecula Superior Court has been closed (as of December 23, 2024) and relocated to the Southwest Justice Center. And finally, to provide efficiency and access to legal documentation, certified copies of court orders must now be completed within 3 days of the hearing date.

Grieving a loved one is painful. Unfortunately, the state doesn’t care—they still expect you to complete the daunting probate process within a year of your loved one’s death. But where to start? 1. File the Probate Petition The first step is to file a request to begin probate with the court. Fill out form DE-111, which includes nine main sections disclosing the petitioner and decedent’s information, who the heirs and beneficiaries are, and whether the decedent was survived by a spouse. Additional paperwork to attach to the petition include a certified copy of the death certificate and the original copy of the will, if possible. Check with your county registrar to see if you can e-file your petition or must file with the superior court in person. 2. Notify Heirs and Creditors It is the job of the executor (or representative if petitioning intestate) to inform all beneficiaries and creditors once the petition is filed. This is a crucial step; any missed notifications may delay the court’s approval. All notices to beneficiaries must include the date, time, and location of the hearing, as well as a receipt of delivery. If there is no will, the appointed representative must locate any beneficiaries or find out what happens to the decedent’s estate in the absence of heirs. The executor must then publish notice of the probate filing in a newspaper to make sure all interested parties are informed. A proof of publication must also be filed with the court. 3. Manage the Estate Collecting Assets The executor must document and collect all assets. A court-appointed “California Probate Referee” will also be assigned to value all assets appropriately. Paying Debts Any outstanding loans, funeral payments, utilities, and other liabilities must be paid. Some debts may be deferred or canceled, such as mortgage debts, Medicaid benefits, or student loans, while others may be protected from creditors or covered by insurance. Handling Taxes All applicable federal and state taxes (income and estate) must be paid. If the estate doesn’t have enough assets to pay for these debts, a declaration of insolvency must be made. Remember, if the estate isn’t managed correctly, or debts are mishandled, the executor may be held personally liable. 4. File Reports It is required, in conjunction with step three, to periodically submit reports detailing all activities and progress. 5. Final Distribution Once all assets have been collected, all debts and taxes paid, and all disputes resolved, it’s time to distribute the remaining assets. The executor will file a petition for final distribution to the court, which will include the final accounting report and proposed judgement of final distribution. Once approved, the executor will distribute the assets and submit receipts signed by the beneficiaries. 6. Closure Upon the conclusion of final distribution, the executor will file a petition for final discharge, releasing them of any personal liabilities related to the estate and closing the case. For assistance in completing your probate, check out our Probate Timeline Checklist and/or call for a consultation.

When it comes to most restraining orders, laws vary in the way individuals are protected from harassment, stalking, sexual abuse, and other intimidating behaviors. However, there is one threat of potential harm that most states have overlooked—isolation. Reverse Isolation Leads to Abuse Affecting mostly elderly and dependent adults, isolation became prevalent in response to the COVID pandemic. To keep vulnerable individuals protected from acquiring a deadly infection, family members were denied access to their loved ones. The phenomenon of isolating healthy individuals from the public, also known as reverse isolation, or reverse RO, allowed caretakers to abuse their positions and keep elderly and dependent adults isolated based on a perceived threat, regardless of whether isolation was necessary. Those in a position of power could now control, exploit, or take advantage of these vulnerable adults and family members had no recourse against it. California Assembly Bill 1243 Is Signed into Law Because of the unique physical, mental, and emotional harm isolation may have on vulnerable adults, California Governor Gavin Newsome signed Assembly Bill 1243 into law. Taking effect on January 1, 2023, AB 1243 is an extension to the Elder Abuse and Dependent Adult Civil Protection Act. It grants someone with a personal relationship with an elderly or dependent adult the right to seek an anti-isolation restraining order to regain their ability to communicate with their loved ones. Why Is an Anti-Isolation Restraining Order important? The only individuals allowed to seek protective orders before the passage of AB 1243 were the elder or dependent adult or their conservator, trustee, or attorney-in-fact. Allowing for anyone to petition for an anti-isolation restraining order allows these vulnerable adults to maintain important and desirable familial connections and protects them from being abused or neglected. How to acquire an Anti-Isolation Restraining Order According to AB 1243, any interested party—defined as any person with a “personal, preexisting relationship with the elder”—may petition the court for an anti-isolation restraining order. Interested parties must provide evidence that: They have had significant contact (i.e time spent together and proof of a meaningful connection) with the elder prior to isolation; they have repeatedly been denied contact; the elder or dependent desires contact with them; and isolation has nothing to do with the elder’s desire to distance themselves from them. To begin the process, file the California Judicial Council Form EA-100 and/or the Request for Elder or Dependent Adult Restraining Order Allowing Contact (EA-300) with the court. A court date will be assigned within 25 days of the filing. If granted, the anti-isolation restraining order may last for up to five years and can be renewed if necessary. Anti-Isolation Restraining Order Exceptions Unfortunately, no one may seek an anti-isolation restraining order if the elder or dependent adult is currently in a residential or long-term care facility. Please speak with a qualified family law attorney at King Law Firm Attorneys at Law, Inc. if you feel your loved one is being isolated or abused. Check out our most recent episode of Gavels Down, Voices Up!