Estate of Heggstad

Summary

A written declaration by a settlor who names himself as trustee is sufficient to create a revocable living trust in real property; no separate grant deed transferring title to the trust is required. The probate court has jurisdiction under Probate Code §17200 to determine, on a trustee's petition for instructions, whether property is trust property or part of the decedent's estate. The court affirmed the order that the decedent's undivided tenancy-in-common interest was held in trust based solely on the trust instrument's declaration.

Holdings

1. A written declaration by the settlor that he holds property as trustee, naming himself as trustee, is sufficient to create a revocable living trust in real property; no separate grant deed is required.
2. The probate court has jurisdiction under Probate Code sections 17000 and 17200 to determine the existence of a trust and whether property belongs to the trust, even in a petition for instructions.

Questions Presented

1. Whether a written declaration of trust is sufficient to create a revocable living trust in real property, without a separate grant deed transferring title to the trustee.
2. Whether the probate court had jurisdiction under section 17200 to determine whether the property belonged to the trust in a petition for instructions.

Disposition

affirmed