How to Revoke a Trust in California: Complete Legal Guide

The Quick Answer: Use Signed Writing and Follow the Trust’s Specific Instructions.

In California, if you want to revoke a revocable living trust, the simplest and most effective way is to follow the revocation method outlined in the trust itself. Most trusts require the settlor (person who created the trust) to sign a written document stating their intent to revoke and deliver it to the trustee.

If the trust document does not include a specific revocation clause, California law provides a fallback method under Probate Code §15401—you may revoke the trust with a written, signed notice delivered to the trustee. For irrevocable trusts, revocation is generally only possible with court approval or the consent of all beneficiaries.

At Moravec, Varga & Mooney, we assist clients in revoking, amending, and replacing trusts as part of their estate planning or litigation strategies.

Why You Might Want to Revoke a Trust

People revoke trusts for many valid reasons, including:

• Changes in marital status

• Shifts in financial or tax planning needs

• Disagreements with named trustees or beneficiaries

• Simplifying an overly complex or outdated estate plan

• Replacing the trust with a more effective structure

No matter the reason, it’s important to follow proper legal steps to avoid unintended consequences.

Step-by-Step: How to Revoke a Revocable Trust

1. Read the Trust Document Carefully

Before doing anything, review the trust to see if it describes a specific process for revocation. This often includes language about required signatures, delivery, or notifications.

2. Prepare a Written Revocation

If the trust is silent on the procedure, you may revoke it by creating a signed and dated written statement clearly expressing your intent to revoke the trust.

3. Deliver the Revocation to the Trustee

California law requires that the written revocation be delivered to the trustee during the settlor’s lifetime. If the settlor is also the trustee, this step is automatically satisfied.

4. Retitle or Reassign Trust Assets

Revoking the trust does not automatically transfer ownership of the trust assets. You will need to:

• File a new deed for any real estate

• Reopen or retitle financial accounts

• Update beneficiary designations as needed

Failing to do this may cause assets to remain in legal limbo—or worse, end up in probate.

Can Irrevocable Trusts Be Revoked?

An irrevocable trust cannot be revoked at will, but in limited situations, it may be modified or terminated if:

• All beneficiaries agree in writing

• The court determines that the purpose of the trust has been fulfilled or is no longer possible

• There has been a material change in circumstances, such as tax law or family structure

These changes often require court intervention, and the process can be complex. Our attorneys help clients petition for trust modification or termination when appropriate.

Risks of Improper Trust Revocation

Improperly revoking a trust—or failing to properly remove assets—can lead to:

• Unintended probate of previously protected assets

• Family disputes or challenges from beneficiaries

• Legal confusion about which documents control your estate

• Potential tax consequences if the transition is not handled correctly

That’s why working with qualified counsel is essential.

Get Help from California Trust Attorneys

Revoking a trust is a major legal action that affects how your assets are owned, managed, and distributed. Whether you're updating your estate plan, simplifying your affairs, or preparing for trust litigation, Moravec, Varga & Mooney can guide you every step of the way.

📞 Schedule your consultation today to revoke or modify a trust with confidence.