State-Specific Trust Amendment Requirements

The trust document comes first. Read its amendment article carefully and follow every required step. A state-law fallback may be available when the trust is silent or its method is not exclusive, but that varies significantly by state.

Last reviewed: September 21, 2026

Important: Do not use an amendment after the trust has become irrevocable unless the governing instrument and law permit the change. Changes involving witnesses, beneficiaries, tax planning, incapacity, or real estate deserve attorney review.

How to use the Trust Amendment chart

Read the amendment provisions in the original trust before completing the form. Follow every method, delivery requirement, signature requirement, or limitation stated in the trust, then use the state row to identify any additional rule that may apply.

State Primary authority Amendment method Practical execution note
Alabama Ala. Code § 19-3B-602 Follow the trust method or substantially comply; if none, use clear and convincing evidence of intent. Use a signed written amendment and retain proof of delivery when applicable.
Alaska Alaska Stat. §§ 13.36.338–13.36.340 Substantially comply with the trust method or use a signed, delivered nonwill writing. Check any trust-specific limits before signing.
Arizona Ariz. Rev. Stat. § 14-10602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Arkansas Ark. Code § 28-73-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
California Cal. Prob. Code §§ 15401–15402 Follow the trust method; an alternate signed nonwill writing delivered during life is allowed unless the trust makes its method exclusive. Delivery to the trustee is important.
Colorado Colo. Rev. Stat. § 15-5-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Connecticut Conn. Gen. Stat. § 45a-499mm Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Delaware 12 Del. C. §§ 3303, 3545 The trust instrument and Delaware law control; no universal statutory fallback. Special witness or disinterested-trustee formalities can apply to covered survivorship changes.
Florida Fla. Stat. §§ 736.0403, 736.0601–736.0602 Use the trust method; statutory fallback generally applies only when the trust provides no method. Testamentary aspects of a Florida domiciliary trust may require two witnesses in mutual presence.
Georgia Ga. Code §§ 53-12-40–53-12-43 The settlor must have expressly reserved amendment power and use a signed writing. Follow every method and notice term in the trust.
Hawaii Haw. Rev. Stat. § 554D-602 Use the trust method; fallback generally applies only if no method is provided. Use a signed writing delivered to the trustee for best evidence.
Idaho Idaho Code §§ 15-7-301, 15-7-302 The reserved power and trust instrument control; no universal statutory fallback. Follow every method stated in the trust.
Illinois 760 ILCS 3/602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Indiana Ind. Code § 30-4-3-1.5 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Iowa Iowa Code §§ 633A.3102–633A.3103 Follow the method in the trust or the statutory written method if available. Use a signed writing and document delivery to the trustee.
Kansas Kan. Stat. § 58a-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Kentucky Ky. Rev. Stat. § 386B.6-020 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Louisiana La. Rev. Stat. §§ 9:2021–9:2025, 9:2051 Amendment is allowed only if reserved; all surviving competent settlors act. Use an authentic act or a private act before two witnesses and acknowledged; provide a copy to the trustee.
Maine 18-B Me. Rev. Stat. § 602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Maryland Md. Code, Est. & Trusts § 14.5-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Massachusetts Mass. Gen. Laws ch. 203E, § 602 Use the trust method; fallback generally applies only if no method is provided. Use a signed writing delivered to the trustee for best evidence.
Michigan Mich. Comp. Laws § 700.7602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Minnesota Minn. Stat. § 501C.0602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Mississippi Miss. Code § 91-8-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Missouri Mo. Rev. Stat. § 456.6-602 Use the trust method; fallback generally applies only if no method is provided. Use a signed writing delivered to the trustee for best evidence.
Montana Mont. Code § 72-38-602 Use the trust method; fallback generally applies only if no method is provided. Use a signed writing delivered to the trustee for best evidence.
Nebraska Neb. Rev. Stat. § 30-3854 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Nevada Nev. Rev. Stat. ch. 163 The trust instrument and reserved amendment power control; no universal statutory fallback. Follow every method and notice term in the trust.
New Hampshire N.H. Rev. Stat. § 564-B:6-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
New Jersey N.J. Stat. § 3B:31-43 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
New Mexico N.M. Stat. § 46A-6-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
New York N.Y. EPTL §§ 7-1.16–7-1.17 Use a writing; unless the trust provides otherwise, acknowledge it like a deed or use two witnesses. If the signer is not the sole trustee, give written notice to another trustee.
North Carolina N.C. Gen. Stat. § 36C-6-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
North Dakota N.D. Cent. Code § 59-12-02 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Ohio Ohio Rev. Code § 5806.02 Use the trust method; fallback generally applies only if no method is provided. Use a signed writing delivered to the trustee for best evidence.
Oklahoma 60 Okla. Stat. §§ 1610.3, 175.21 The reserved power and trust method control; no universal statutory fallback. Follow every method stated in the trust.
Oregon Or. Rev. Stat. § 130.505 Use the trust method; fallback generally applies only if no method is provided. Use a signed writing delivered to the trustee for best evidence.
Pennsylvania 20 Pa. Cons. Stat. § 7752 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Rhode Island R.I. Gen. Laws tit. 18 The trust instrument and reserved amendment power control; no general statutory fallback. Follow every method stated in the trust.
South Carolina S.C. Code § 62-7-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
South Dakota S.D. Codified Laws ch. 55-3 The trust instrument and reserved amendment power control; no universal statutory fallback. Follow every method stated in the trust.
Tennessee Tenn. Code § 35-15-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Texas Tex. Prop. Code § 112.051 A written trust is amended by a later written instrument unless the trust requires another method. Follow any exclusive trust procedure; witnesses or notarization are not universal statutory requirements.
Utah Utah Code § 75B-2-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Vermont 14A V.S.A. § 602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
Virginia Va. Code § 64.2-751 Use the trust method; fallback generally applies only if no method is provided. Use a signed writing delivered to the trustee for best evidence.
Washington Wash. Rev. Code §§ 11.103.020–11.103.030 The trust must be expressly revocable; use its method or, if absent or nonexclusive, the statutory written method. A later will, codicil, or signed writing may qualify in the circumstances stated by law.
West Virginia W. Va. Code § 44D-6-602 Use the trust method; fallback generally applies only if no method is provided. Use a signed writing delivered to the trustee for best evidence.
Wisconsin Wis. Stat. § 701.0602 Use the trust method; fallback generally applies only if no method is provided. Use a signed writing delivered to the trustee for best evidence.
Wyoming Wyo. Stat. § 4-10-602 Follow the trust method or substantially comply; statutory fallback applies if permitted. Use a signed writing delivered to the trustee for best evidence.
No matching state found.

Important: This guide is a general educational summary. Laws, court rules, recording practices, and institutional requirements can change and may depend on your facts. Review the governing trust and current law, and consult a licensed attorney when you are unsure.