How to Amend a California Trust: A Step-by-Step Guide

A revocable living trust is a key component of many California estate plans, offering privacy, probate avoidance, and control over how your assets are distributed. But life changes, such as marriage, divorce, birth of a child, or the acquisition of new property, often require updates. Fortunately, if you’ve created a revocable trust, you can amend it during your lifetime.

In this post, we’ll walk you through how to amend a California trust, including legal requirements, best practices, and when a full restatement may be better than an amendment.

What Does It Mean to Amend a Trust?

An amendment to a trust is a legal document that modifies the terms of an existing trust. You can amend:

• Who the successor trustee is

• Who the beneficiaries are

• How assets are to be distributed

• Specific terms or instructions within the trust

As long as the trust is revocable and you are mentally competent, you can amend the trust at any time.

Step-by-Step: How to Amend a California Trust

1. Review the Trust Document

Start by reading your current trust document to determine how it allows for amendments. Most revocable trusts contain a section outlining the procedure, typically requiring the amendment to be in writing and signed by the trustor.

California Probate Code § 15401(a)(1) permits revocation or modification by the method stated in the trust, or if none is specified, by a signed writing delivered to the trustee.

2. Draft a Trust Amendment

Create a written document titled “Amendment to [Name of Trust]” that clearly:

• Identifies the original trust by name and date

• States which section(s) of the trust you are changing

• Explains the new terms

• Reaffirms that all other trust provisions remain unchanged

Example: “Section 4.2 of the [John and Jane Smith Revocable Living Trust dated June 1, 2015] is hereby amended to change the successor trustee to Mary Jones.”

3. Sign and Date the Amendment

The amendment should be signed and dated by the grantor(s). In California, notarization is not strictly required for trust amendments, but having it notarized is strongly recommended to avoid future disputes or challenges.

4. Keep the Amendment With the Original Trust

Do not staple or physically alter the original trust document. Instead, keep the signed amendment attached or stored with your original trust so your successor trustee can easily find and follow the changes.

5. Notify the Trustee (If Necessary)

If you are not serving as trustee, or if you’ve named a new successor trustee, it may be appropriate to notify the current trustee about the amendment.

When Should You Restate the Entire Trust?

If you are making multiple changes or changing fundamental terms (like switching from individual to joint ownership), a complete trust restatement is often better than multiple amendments.

A trust restatement:

• Replaces the entire text of the original trust

• Keeps the original trust name and date (preserving the trust’s identity)

• Is easier for your trustee to interpret

  
  

Restatements are commonly used when there are significant life changes, such as remarriage, blended families, or major shifts in assets.

Can You Amend an Irrevocable Trust?

In general, irrevocable trusts cannot be amended by the grantor alone. However, changes may still be possible through:

• Consent of all beneficiaries

• Court petition under California Probate Code § 15403 or § 15409

• Decanting the trust (transferring assets to a new trust with updated terms, under certain conditions)

These options often require legal assistance and court approval.

Final Thoughts

Amending a revocable living trust in California is relatively simple, but the process must be done correctly to ensure your intentions are legally binding. Mistakes—such as informal edits or unclear language—can create confusion and costly litigation later on.

When in doubt, consult a qualified California estate planning attorney to ensure your amendment reflects your goals and complies with state law.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.