Knowing how to amend an estate plan in California is essential for keeping your living trust up to date and aligned with your current wishes. Depending on the type of trust you have — revocable or irrevocable — the amendment process will vary.
If your original attorney initially helped create your estate plan, consulting with them can provide consistency and familiarity. However, if your original attorney is unavailable or you prefer a new attorney, a lawyer who specializes in estate planning can also be effective.
Reasons to amend your Living Trust
There are many reasons to amend your living trust such as making updates to accommodate changes in your income, investments or goals. These include:
- Making updates after big life events — marriage, divorce, or the birth of a child.
- Changes in financial circumstances, like acquiring new properties or closing accounts.
- Adjustments to income streams or investments — ensuring they’re held in trust.
- Refining your distribution plan to align with evolving goals such as charitable giving.
A revocable living trust lets you update your estate plan as your finances change.
How to amend a living trust in California
California Probate Code § 15401 lets you amend (or revoke) a living trust if it’s revocable. § 15402 clarifies that unless the trust explicitly specifies or limits how amendments must be made, you can amend by:
- Following the amendment procedure outlined in the trust or
- Executing a signed amendment document and delivering it to the trustee.
However, homemade amendments are not recommended. It is better for your trust to execute amendments through your attorney.
When amending a trust there are best practices to follow:
- Review the trust to understand its built‑in amendment mechanics.
- Draft an amendment that cites specific provisions — such as beneficiary updates, successor trustees or asset details.
- Have it signed by the trustor(s), notarized and delivered to the trustee.
- For major changes consider a restatement — essentially a revised full trust document.
If your original attorney drafted the trust, continuing with them ensures consistency. But a new attorney can also handle amendments or restatements, often at a lower fee if your trust is straightforward.
Talking to the team
When you’re ready to proceed, it’s important to consult specialists who are experienced in living trusts in California and who have clearly defined estate planning services.
These experts can:
- Clarify your trust’s amendment clauses
- Draft precise amendment or restatement documents
- Coordinate signing, notarization and proper delivery
At California Living Trust, our estate planning services will guide you through every step — whether you’re simply tweaking beneficiary designations or fully restructuring your California estate plan. Contact us today to discuss your current trust, life changes and goals.
Amending a living trust or estate plan in Southern California is straightforward when you understand the process. Whether you work with your original attorney or choose a new one, taking action when your life changes keeps your plan current, and protects both your assets and your legacy.