US-New YorkCan I amend my trust without going to court in New York?
Yes, you can amend your trust without going to court in New York if it is a revocable trust and you follow the amendment method specified in the trust document or New York law.
What the Law Says
New York law permits amendments to revocable trusts without court approval, provided the settlor retains the power to amend and follows proper formalities.
Under New York law, only revocable trusts may be amended by the settlor during their lifetime. Irrevocable trusts generally cannot be amended unless all beneficiaries consent and a court approves — or unless a specific statutory exception applies (e.g., decanting under EPTL § 10-6.6).
The primary statute governing trust amendments is Estates, Powers and Trusts Law (EPTL) § 7-1.9, which states that a revocable trust may be amended or revoked 'in whole or in part' by the settlor, as long as the method of amendment complies with either the trust’s own terms or the default statutory requirements.
If the trust document does not specify an amendment method, EPTL § 7-1.9 requires the amendment to be in writing, signed by the settlor, and acknowledged or witnessed by at least two individuals — though many practitioners use three witnesses for added enforceability.
Statutory TextA revocable trust may be amended or revoked in whole or in part by the settlor, provided that the instrument of amendment or revocation is executed in the same manner as the original trust instrument or as provided in this section.
— EPTL § 7-1.9 — Revocation or amendment of revocable trust
Statutory TextAn amendment or revocation shall be in writing and shall be signed by the settlor and either acknowledged or witnessed by at least two persons.
— EPTL § 7-1.9
What to Do
Review your trust document to confirm it is revocable and identify any specific amendment instructions (e.g., notarization, witness count, or required language).
Draft a written amendment clearly identifying the trust, date, and sections being changed — using precise legal language consistent with the original trust.
Sign the amendment in the presence of at least two witnesses (or three for best practice), or have it notarized if the original trust required acknowledgment.
Store the signed amendment with the original trust document and provide copies to your trustee and attorney.
Avoid oral or informal changes — New York courts will not enforce amendments that fail to meet EPTL § 7-1.9’s formal requirements.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.