Can I amend or revoke my trust without going to court?

What the Law Says

California law presumes that a trust is revocable unless the trust instrument states otherwise. If revocable, the settlor may amend or revoke it at any time — without court approval — provided they meet legal capacity requirements and follow the trust’s own amendment procedures.

Under California Probate Code § 15000, a trust is revocable by default unless the trust document says it’s irrevocable. This means most living trusts created in California can be changed or ended by the person who made them (the settlor), as long as they’re still alive and mentally capable.

Section 15100(a) confirms that a revocable trust may be amended or revoked 'by any method provided in the trust instrument' — meaning the trust document itself controls how changes must be made (e.g., written notice, signed amendment, restatement). If the trust doesn’t specify a method, § 15101 allows revocation or amendment by a writing signed by the settlor and delivered to the trustee.

Importantly, no court filing, hearing, or judicial approval is required for either amendment or revocation — unless the trust specifically requires it (which is rare) or the settlor lacks capacity and someone else seeks intervention.

Statutory Text

A trust is revocable by the settlor unless the trust instrument expressly provides that it is irrevocable.

— Probate Code § 15000

Statutory Text

A revocable trust may be amended or revoked by any method provided in the trust instrument.

— Probate Code § 15100(a)

Statutory Text

If the trust instrument does not provide a method for amendment or revocation, the trust may be amended or revoked by a writing signed by the settlor and delivered to the trustee.

— Probate Code § 15101

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