Can You Change a Trust? The Smart Way to Update Your Estate Plan in 2025
Many people who set up trusts years ago wonder: can you actually change a trust after it’s been created? Maybe you’ve moved to a different state, your family situation has changed, or you simply want to update outdated provisions. The short answer is yes—but how you change it matters more than you might think. Attorney Stuart Green explains why most people are making costly mistakes when updating their trusts, and reveals the cleanest, safest method for making changes.
Understanding Revocable vs. Irrevocable Trusts
Before we dive into how to change a trust, let’s clarify the basics. There are two main types of trusts:
Revocable Trusts: These are flexible trusts where you retain the right to modify, amend, or completely revoke the trust during your lifetime. You keep control over the principal, the income, and the ability to change provisions as needed.
Irrevocable Trusts: Despite the name suggesting permanence, even irrevocable trusts can sometimes be changed—though the process is more complex and requires specific legal mechanisms.
For most people, revocable trusts are the planning tool of choice. They help you:
- Avoid probate
- Streamline estate administration
- Ensure assets pass smoothly to beneficiaries
- Maintain flexibility as life circumstances change
The Traditional Method: Codicils (And Why You Should Avoid Them)
When people want to change their revocable trust, many attorneys will suggest creating a codicil—essentially an addendum or amendment to the original trust document.
How Codicils Work
A codicil sits on top of your original trust document and might say something like:
“We executed the Smith Family Revocable Trust on January 1st, 2025. Article 1.01 currently states XYZ. We are replacing Article 1.01 with the following language…”
You might use a codicil to:
- Remove or add beneficiaries
- Change distribution schedules
- Update trustee designations
- Modify how assets are distributed during beneficiaries’ lifetimes or after death
- Move the trust from one state jurisdiction to another
The Problems with Codicils
While codicils might seem convenient, they come with significant drawbacks:
- They’re Easy to Lose A codicil is literally just a loose piece of paper sitting on top of your original trust document. It can easily get separated from the main document, lost in a shuffle of papers, or misplaced during a move. If your family can’t find the codicil after you pass away, those changes you made might never be implemented.
- Messy Documentation Multiple codicils over the years create a confusing paper trail. Your trustee or beneficiaries may have to piece together the original trust plus multiple amendments to understand what the current provisions actually are.
- Attorney Liability Issues If you move to a different state and work with a new attorney, that attorney may be reluctant to simply add a codicil to another lawyer’s work. They don’t want to be responsible for provisions that were drafted under different state laws or by someone else’s legal standards.
For example, if you created your trust in California and moved to Texas, your new Texas attorney has no way of knowing whether the California trust was properly drafted or contains provisions that conflict with Texas law.
The Better Solution: Restating Your Trust
Instead of using codicils, estate planning attorneys increasingly recommend restating your revocable trust. This approach offers a cleaner, safer, and more comprehensive solution.
How Trust Restatement Works
When you restate a trust, you’re essentially creating a brand-new document that:
- Keeps the original name of your trust (e.g., “The Smith Family Revocable Trust”)
- Replaces all the provisions with updated language
- Maintains the same legal entity, so you don’t have to retitle assets
Think of it as renovating your house rather than building a new one. The address stays the same, but everything inside is updated to current standards.
Why Restatement Is Superior
- Clean Documentation You have one comprehensive document—no loose amendments to keep track of. Everything your trustee and beneficiaries need to know is in a single, organized trust instrument.
- Updated for Current State Laws If you’ve moved from California to Texas (or any other state), your attorney can rewrite the entire trust to comply with your new state’s laws. You’re not trying to patch California provisions with Texas amendments—you have a complete Texas trust.
- No Asset Retitling Required Here’s the biggest advantage: because you’re keeping the same trust name, you don’t have to retitle any assets.
When people first create a trust, one of the biggest hurdles is funding the trust—transferring ownership of bank accounts, investment accounts, real estate, and other assets into the trust’s name. This process can be time-consuming and sometimes costly.
With a restatement, since you’re keeping the Smith Family Revocable Trust (just restated), all those assets that were already titled in the trust’s name remain properly titled. No need to:
- Record new deeds for real estate
- Update bank account ownership
- Retitle brokerage accounts
- Transfer business interests
Everything stays in place, but the governing rules of the trust are completely refreshed.
- Attorney Ownership Your new attorney takes full responsibility for the restated document. There’s no question about whose work product it is or whether old provisions still apply. This clarity protects both you and your attorney from future confusion or liability.
When Should You Consider Restating Your Trust?
Consider restating your revocable trust when:
- You’ve moved to a different state (especially one with significantly different trust laws)
- Your trust is more than 10-15 years old and may not reflect current estate planning best practices or tax laws
- You want to make multiple significant changes to beneficiaries, trustees, or distribution provisions
- Your family situation has dramatically changed (divorce, remarriage, new children or grandchildren)
- You’re working with a new attorney who needs to fully understand and take ownership of your estate plan
- Your trust contains outdated or unclear language that could create problems during administration
What About Irrevocable Trusts?
While this article focuses on revocable trusts, it’s worth noting that irrevocable trusts can sometimes be modified through legal mechanisms like:
- Decanting (pouring assets from one trust into a new trust with better terms)
- Trust protector provisions (if included in the original document)
- Court modification (in certain circumstances)
- Consent of all beneficiaries (in some jurisdictions)
However, modifying irrevocable trusts is significantly more complex and usually requires specialized legal assistance.
The Bottom Line: Restatement vs. Codicil vs. Starting Over
When you need to update your revocable trust, you have three options:
| Method | Pros | Cons |
| Codicil | Quick, inexpensive for minor changes | Easy to lose, creates messy documentation, doesn’t update for new state laws |
| Complete Restatement | Clean documentation, fully updated for current laws, no asset retitling needed | Takes more time than a codicil, slightly higher upfront cost |
| Brand New Trust | Fresh start with new attorney | Requires retitling ALL assets into the new trust name—time-consuming and potentially expensive |
For most people making significant changes or moving states, restatement is the clear winner. It gives you all the benefits of a fresh start without the massive headache of retitling assets.
Key Takeaways
✅ Yes, you can change a revocable trust—you have flexibility to modify provisions as your life circumstances change.
✅ Codicils are risky—they’re loose documents that can easily get lost or create confusion.
✅ Restatement is the gold standard—you get a clean, updated document while keeping your original trust name and avoiding asset retitling.
✅ Work with a local attorney—especially if you’ve moved states, make sure your trust complies with your current state’s laws.
✅ Don’t put it off—outdated trusts can create serious problems during administration. Regular reviews every 5-10 years are smart practice.
FAQs
Q: How much does it cost to restate a trust? Costs vary by attorney and complexity, but restating a trust is typically more expensive than a simple codicil and less expensive than creating an entirely new estate plan. The investment is worth it for the clarity and protection it provides.
Q: Will I need to notify my bank or other institutions when I restate my trust? Usually not. Since the trust name remains the same, your accounts and assets stay properly titled. You may want to provide a new Certification of Trust to institutions, but no ownership changes are required.
Q: How often should I update my trust? Review your trust every 5-10 years, or whenever you experience major life changes: marriage, divorce, births, deaths, significant changes in assets, or relocation to a new state.
Q: Can I restate my trust myself? Technically possible, but strongly discouraged. Trust law is complex and varies significantly by state. An error in your restated trust could invalidate provisions or create unintended tax consequences. Work with a qualified estate planning attorney.
Q: What happens to the old trust document after restatement? The original trust document is superseded by the restatement. You should keep it in your records for historical purposes, but the restated version is the operative document.
Q: Does restatement affect the trust’s tax ID number (EIN)? For revocable trusts, you typically use your Social Security Number during your lifetime anyway. The restatement doesn’t change the trust’s identity for tax purposes.
This is not legal advice. Use this for educational purposes only.
If you’re considering updating your trust or want to discuss whether your current estate plan still serves your needs, schedule a consultation with an experienced estate planning attorney who can review your specific situation and recommend the best approach for your family.