Amending a Living Trust in California

By Anna Assad

A revocable living trust establishes a plan for trust assets that provides payment to the trust's beneficiaries. A revocable trust can be terminated by the owner while he's still living. One advantage of having a revocable living trust is your ability to change the trust's terms at any time while you're still alive and competent. In California, you can change your revocable living trust by writing an amendment that complies with state law. California's trust amendment laws are found in Sections 15400-15414 of the probate code.

Step 1

Read the trust agreement. Copy the terms you want to alter and what rules, if any, the agreement includes for amendments. Follow any directions in the agreement regarding changes.

Step 2

Prepare an amendment paper. Indicate the paper is a trust amendment at the top of the page. A common way to indicate this is by writing, "Amendment to (your trust's name) Revocable Living Trust" across the top of the page. In California, the amendment should refer to the living trust by name and the date it was created.

Protect your loved ones. Start My Estate Plan

Step 3

List the changes you wish to make to the trust on the form. Write the number of the provision in your trust that you want to change along with the text of the provision. State the new provision immediately below. Repeat for each amendment needed.

Step 4

Bring the form to a notary public. Bring valid identification with you. Sign and date the amendment and ask the notary to notarize your signature.

Step 5

Attach the form to the back of the trust agreement.

Protect your loved ones. Start My Estate Plan
How to Amend a Living Trust


Related articles

How to Modify a Living Trust

A living trust is a legal document that can benefit you and your beneficiaries during and after your lifetime by implementing a plan for managing your assets. However, situations may arise in which you find yourself needing to modify your living trust after it has been created. For example, you might sell some of the assets held in the trust or you might marry, divorce or have a change of heart about one or more of your beneficiaries. You can modify a living trust by drafting and executing an amendment to the trust. The laws of each state differ as to how this procedure is accomplished.

How to Transfer a Vanguard Account to a Living Trust

Transferring property to a living trust is an important step in setting up the trust. Investment accounts, such as those offered by Vanguard, allow an investor to list a beneficiary who will receive the proceeds of the account upon the account holder’s death. Problems arise, however, if the beneficiary dies before the account holder. It is for this reason that transferring these types of accounts to your trust is prudent financial planning.

How to Change Name of an LLC in California

In California, the main document needed to form a limited liability company is called the articles of organization. If you change the name of your LLC, you must notify the state by filing an amendment to the articles of organization within 30 days of the change. The required form for making an amendment to LLC filings is available online.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

How to Restate a Living Trust

A living trust is a fully revocable trust that typically avoids the probate process. Trusts are established by a legal ...

How to Prepare an Amendment to a Revocable Trust

You create a living trust to transfer assets to the control of a trustee, who has the legal authority to manage the ...

How to Move an IRA to an Irrevocable Trust

Your irrevocable trust is a permanent agreement that describes how your trust assets are managed, identifies who ...

How to Terminate Blind Trusts

A blind trust is a special type of trust where the beneficiaries are unaware of the trust's assets and a designated ...

Browse by category
Ready to Begin? GET STARTED