Trusts, wills and family money
My parent's trust is administered in San Diego County. What does a trust dispute look like there, from filing to the first hearing?
Based on an interview with Josué Cristóbal Guerrero, Founding Partner, recorded .
The short answer
A trust contest or other trust dispute starts with a petition, the probate court's version of a complaint, filed in San Diego County probate court. The petition may challenge the terms of a trust, how it is being run, or the trustee. Everyone entitled to notice must get it at least 30 days before the first hearing.
Which petition gets filed
That depends on what is being disputed. A common one is the Heggstad petition, also called an 850 petition after Probate Code section 850. It asks the court to bring real estate into a trust or estate because, by mistake, it was titled some way other than the person who died intended.
Where it goes in San Diego County
Several departments at the county's courthouses hear these matters. Which one yours is assigned to depends mainly on the zip code of the property, if real estate is involved, and the home address of the person who passed away. Where the trustee or a beneficiary lives can also influence it. The court's Probate Business Office is in the Central Courthouse at 1100 Union Street.
Timing the first hearing
A trust petition requires notice at least 30 days before the hearing, so the first hearing cannot come sooner than that. How far out it lands depends on the department's calendar at the time you file.
- Probate Code section 17203. Notice of hearing on a trust petition must be delivered at least 30 days before the hearing.
- Probate Code section 850. A petition to transfer property claimed to belong to a trust or estate.
This answer is general information about California law and is not legal advice for any specific situation. Deadlines and exceptions turn on your facts. Code sections were checked against California Legislative Information on November 4, 2026.
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