50-State Surveys › Revocable Trust Amendment Requirements by State
Revocable Trust Amendment Requirements by State
Who may amend or completely restate a revocable trust, what method, writing, signature, delivery, capacity, co-settlor, agent, guardian, or court-approval rules apply, and when may the trust's stated method be bypassed?
51 of 51 jurisdictions verified
every entry statute-checked, oldest 2026-08-10
What this survey covers
An amendment changes selected trust terms. A complete restatement replaces the operative terms while preserving the trust's continuity. This survey treats a restatement as a comprehensive amendment unless the state's current statute creates a separate route.
The table begins with who holds the amendment power and the trust's own stated method. It then separates statutory alternatives, execution and delivery, capacity, multiple-settlor allocation, fiduciary authority, and the rules that determine when a trustee may safely act on the old terms.
The survey does not answer whether a proposed change is wise, tax-efficient, or consistent with a settlor's broader plan. It also does not treat the amendment itself as a deed, assignment, or retitling instruction for every trust asset.
Why nine separate columns are necessary
Florida permits substantial compliance with a method in the trust. If the trust provides no method, a later will or codicil with the statutory connection to the trust, or another method supported by clear and convincing evidence of intent, may work. Florida separately allocates noncommunity property by contribution, requires prompt notice to other settlors when fewer than all act, and routes agent and guardian authority through other statutes. Fla. Stat. § 736.0602 (accessed 2026-08-10).
The District of Columbia preserves an alternative method when the trust gives no method or does not expressly make its method exclusive. Its statute separately requires express authority for an agent, court approval for a conservator or guardian, prompt notice to other settlors in the circumstances stated, and protection for a trustee who acts without knowledge of the change. D.C. Code § 19-1306.02 (accessed 2026-08-10).
Wyoming makes amendment capacity the same as will-making capacity. It permits a signed writing or will when the trust method is absent or nonexclusive, requires all settlors to act together to amend noncommunity property, requires express agent authority, and conditions guardian or conservator action on court approval and a finding tied to the settlor's purpose or intent. Wyo. Stat. Ann. §§ 4-10-601 to -602 (accessed 2026-08-10).
These are independent questions. A state can follow a familiar revocability default but change the exclusivity test, co-settlor allocation, execution route, fiduciary authority, or trustee-protection rule.
How to read the table
Start with the trust instrument. The governing-law column says whether the trust is within the state's revocable-trust framework; the next columns identify who may act and whether the instrument's own method controls exclusively.
Then read the alternative-method and execution columns together. A statute may recognize a signed writing, will, or another proven manifestation of intent, but the availability of that route and any delivery requirement can turn on the exact trust language. Witnessing or notarization may be useful evidence without being a statutory requirement.
Finish with capacity, multiple settlors, fiduciary authority, and operative effect. Those columns flag whether one settlor may change only that person's contributed share, whether an agent or court-supervised fiduciary may act, and whether notice or lack of knowledge protects the trustee.
Patterns in the completed table
Revocability is usually the default, but not everywhere
The dominant rule makes a trust revocable or amendable unless its terms expressly provide otherwise, often with a cutoff for instruments executed before the state's trust code. A smaller group instead requires an express reservation or express revocability, and Delaware, Idaho, and Rhode Island do not supply a general statutory presumption for the ordinary trust covered here. Compare Minn. Stat. § 501C.0602, Nev. Rev. Stat. §§ 163.00185 and 163.004, and S.D. Codified Laws § 55-3-6 (accessed 2026-08-11).
The fallback gateway divides otherwise similar trust codes
Most trust-code states require substantial compliance with the trust's method. The larger cluster preserves statutory alternatives when the trust has no method or does not make its method exclusive. A narrower cluster—including Florida, Hawaii, Massachusetts, Missouri, Montana, Ohio, Oregon, Virginia, Wisconsin, and West Virginia—opens the fallback only when the trust provides no method. Alaska is a textual outlier because its exclusive-method exception is written only for revocation, not amendment. Compare D.C. Code § 19-1306.02(c), Fla. Stat. § 736.0602(3), and Alaska Stat. § 13.36.340 (accessed 2026-08-11).
A later will is common, but signed-writing systems form a second cluster
Many states recognize a later will or codicil tied to the trust, often alongside another method proved by clear and convincing evidence. California and Alaska instead use a settlor-signed nonwill writing delivered during life; Montana uses a delivered writing only when the trust states no method. New York, Louisiana, and Delaware add unusually specific execution systems. See Cal. Prob. Code §§ 15401–15402, N.Y. EPTL § 7-1.17, and La. R.S. 9:2051 (accessed 2026-08-11).
Capacity and multiple-settlor rules vary independently
Will-level amendment capacity is common, but several states state no special statutory formula. The usual multiple-settlor pattern combines joint amendment of community property with contribution-based authority over other property. Wyoming instead requires all settlors to join every noncommunity-property amendment, Vermont includes property held by the entirety when added to the trust, and Louisiana uses its own all-surviving-competent-settlors structure. See Wyo. Stat. Ann. §§ 4-10-601–602, 14A V.S.A. § 602, and La. R.S. 9:2025 (accessed 2026-08-11).
Fiduciary authority is not portable across states
Agent authority falls into trust-only, power-of-attorney-only, either-document, and dual-document clusters. Court-supervised action may belong to a conservator, guardian, fallback guardian, or another state-specific office, and some states add substituted-decision, best-interest, purpose, or intent findings. South Dakota is especially narrow: an agent needs both documents, may act only when the settlor is incapacitated or not reasonably available, and a conservator uses a petition-and-notice route. Compare D.C. Code § 19-1306.02(e)–(f), S.D. Codified Laws § 59-12-23(8), and Wyo. Stat. Ann. § 4-10-602(g) (accessed 2026-08-11).
Notice and trustee protection are separate from validity
Many trust codes require notice to other settlors when fewer than all act and protect a trustee who lacks knowledge of the change. Those provisions do not create a universal beneficiary-notice or trustee-acceptance condition. Vermont omits the usual “promptly” modifier and uses actual knowledge; New York makes the amendment effective on execution while separately requiring reasonable-time notice to another trustee in stated circumstances; Alaska supplies no general amendment safe harbor. See 14A V.S.A. § 602(b)(3), (g), N.Y. EPTL § 7-1.17(b), and Alaska Stat. § 13.36.340 (accessed 2026-08-11).
Only the Florida and South Carolina live amendment templates survived the nine-dimension audit. The other 49 slugs remain empty because the packets materially misstated methods, exclusivity, delivery, execution, capacity, multiple-settlor allocation, fiduciary authority, notice, or trustee protection.
Get this answered for your state
This survey compares every state side by side. Ask about your specific situation and see what your state's law says, with citations to the statutes.
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| State | Governing law and revocability presumption | Who may amend or restate | Trust method and exclusivity | Alternative statutory method | Signature, witnesses, notary, and delivery | Capacity standard | Multiple settlors and contributed property | Agent, guardian, conservator, and court authority | Effective time, notice, and trustee protection |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-10 | Ala. Code § 19-3B-602(a); amendable unless terms expressly say irrevocable. Default excludes instruments executed before Jan. 1, 2007 |
Settlor; agent expressly authorized in both trust and POA; court-approved conservator or fallback guardian. Restatement is comprehensive amendment |
Substantial compliance with trust method; alternatives remain if method absent/nonexclusive. Written-trust amendment still requires later writing delivered to trustee (§ 19-3B-602(c)) |
If method absent/nonexclusive: qualifying later will/codicil or other clear-and-convincing intent method; written trust always requires later written instrument delivered to trustee |
Written trust requires later written instrument delivered to trustee. Section 19-3B-602 states no universal amendment signature, witness, or notary rule; will/codicil route follows will execution law |
Same as will capacity: age 18 or older and sound mind (Ala. Code § 19-3B-601; § 43-8-130) |
Community-property amendment requires joint spouses; other property follows each settlor's contribution; trustee promptly notifies other settlors when fewer than all act (§ 19-3B-602(b)) |
Agent needs express amendment authority in POA and trust. Conservator, or guardian if none, needs supervising-court approval (§ 19-3B-602(e)–(f); § 26-1A-201(a)(1)) |
Written amendment requires trustee delivery; trustee promptly notifies other settlors when fewer than all act. Trustee lacking actual knowledge is protected (§ 19-3B-602(b), (c), (g)) |
| Alaska verified 2026-08-11 | AS 13.36.338; revocable unless expressly irrevocable for trusts executed on/after Aug. 30, 2000, if settlor domiciled in AK at creation, instrument executed in AK, or trust chooses AK law |
Settlor; expressly instrument-authorized attorney-in-fact; instrument-authorized trust protector; court or conservator with conferred protective authority. Restatement is comprehensive amendment (§§ 13.36.340, .370; 13.26.435, .550) |
Substantial compliance with trust method OR signed delivered nonwill writing. Text bars alternative revocation for an expressly exclusive revocation method but states no parallel exclusive-amendment bar (§ 13.36.340(a)) |
Writing other than will, signed by settlor and delivered to trustee during settlor's lifetime; no will/codicil or clear-and-convincing-intent fallback (§ 13.36.340(a)(2)) |
Alternative requires settlor signature and lifetime delivery to trustee. No universal witness, acknowledgment, or notary requirement in § 13.36.340; trust method may add formalities |
No direct-settlor trust-amendment-specific statutory capacity standard located in current AS 13.36.005–.390; do not substitute will or contract capacity without other authority |
Noncommunity property: each settlor controls contributed portion unless trust says otherwise. Community property follows § 34.77.100: trust-provided amendment route or later community property trust, which is signed by both spouses (§§ 13.36.340(b), 34.77.100(a), (e)) |
Attorney-in-fact needs express trust-instrument permission; POA alone is insufficient. Court may exercise protected person's powers after hearing and may confer them on conservator; no parallel general guardian amendment route located (§§ 13.36.340(c), 13.26.435(3), 13.26.550) |
Alternative writing must reach trustee during settlor's lifetime; trust-method route follows its own acts. No universal beneficiary/co-settlor notice, trustee acceptance, or no-knowledge safe harbor in § 13.36.340 |
| Arizona verified 2026-08-10 | A.R.S. §§ 14-10407, 14-10602; amendable unless expressly irrevocable, subject to trust limitations |
Settlor; qualifying agent, then court-approved conservator or fallback guardian under § 14-10602(E). Restatement is comprehensive amendment |
Substantial compliance with trust method; alternatives available when no method or method not expressly exclusive (§ 14-10602(C)) |
Qualifying later will/codicil, or other settlor-signed writing manifesting clear-and-convincing intent, when fallback is available |
Written trust may be amended only by settlor-executed writing (§ 14-10407). Other-writing fallback must be signed. No universal witness, notary, or delivery term |
No separate amendment-capacity formula in current Trust Code; Revocable Trusts article begins at § 14-10602. Do not substitute will capacity |
Community-property amendment requires joint spouses; other property follows each settlor's contribution. No co-settlor notice term (§ 14-10602(B)) |
Agent: express trust authority, or express POA authority if trust does not prohibit. If no authorized agent and trust permits conservator action: conservator with court approval; guardian with court approval if no conservator |
Applicable method controls completion; no general trustee receipt, beneficiary notice, or co-settlor notice term. Trustee without actual knowledge protected (§ 14-10602(F)) |
| Arkansas verified 2026-08-10 | Ark. Code Ann. §§ 28-73-601–602; revocable unless expressly irrevocable. Default excludes trusts under instruments executed before Sept. 1, 2005 |
Settlor; expressly authorized agent; court-approved conservator or, if none, guardian. Restatement is comprehensive amendment |
Substantial compliance with trust method; statutory alternatives remain unless method is expressly made exclusive (§ 28-73-602(c)) |
If method absent/nonexclusive: later will or codicil expressly referring to trust or specifically devising affected property; or any method proving intent by clear and convincing evidence |
No universal amendment signature, witness, notary, acknowledgment, or trustee-delivery rule in § 28-73-602(c); trust method or qualifying will/codicil supplies its own form |
Same capacity as making a will. Agent act valid only if POA expressly authorizes it and settlor had capacity when POA was executed (§ 28-73-601) |
Community property: both spouses jointly amend. Other property: each settlor controls contributed portion. Trustee promptly notifies other settlors when fewer than all act (§ 28-73-602(b)) |
Agent needs express POA authority and capacity-at-POA execution; trust may limit extent. Conservator or, if none, guardian needs supervising-court approval (§§ 28-73-601(b), 28-73-602(e)–(f)) |
Operative when chosen method is completed. Prompt notice to other settlors when fewer than all act; no general beneficiary notice. Trustee without knowledge is protected for old-terms actions (§ 28-73-602(g)) |
| California verified 2026-08-10 | Probate Code §§ 15400–15402; revocable unless expressly irrevocable, within § 15400's California nexus |
Settlor; another holder of the revocation power may use § 15401. Restatement is a comprehensive amendment, not a separate statutory route |
Follow the trust's method. Statutory nonwill-writing route is barred only when the trust explicitly makes its revocation method exclusive (§§ 15401(a), 15402) |
Signed writing other than a will, delivered to trustee during the power holder's lifetime; no will/codicil or clear-and-convincing-intent alternative (§ 15401(a)(2)) |
Power holder signs; delivery to trustee is part of statutory alternative. No universal witness, acknowledgment, or notary requirement in §§ 15401–15402 |
Capacity presumed; must communicate the decision and understand relevant rights, duties, consequences, risks, benefits, and alternatives unless other law applies (§§ 810, 812) |
Each settlor generally controls that settlor's contributed portion unless instrument says otherwise; community-property modification generally needs both spouses' joinder or consent (§ 15401(b); Fam. § 761) |
Agent needs express POA authority and trust-permitted modification; conservator needs substituted-judgment court order. No parallel guardian route stated (§§ 15401(c), 4264(a), 2580–2583) |
Statutory writing must reach trustee during lifetime. Conservator petition requires hearing notice. No amendment-specific beneficiary-notice or no-knowledge trustee safe harbor in §§ 15400–15402 |
| Colorado verified 2026-08-10 | C.R.S. § 15-5-602; amendable unless terms expressly say irrevocable. Default excludes instruments executed before Aug. 7, 2013 |
Settlor; expressly authorized agent; conservator or fallback guardian with court approval unless trust terms or another express grant displace that route. Restatement is comprehensive amendment |
Substantial compliance with trust method; alternative remains if method absent/nonexclusive. Exclusive means sole, exclusive, only, or similar intent language (§ 15-5-602(3)) |
If method absent/nonexclusive, any method manifesting clear-and-convincing intent, including qualifying later will/codicil (§ 15-5-602(3)(b)) |
Trust method controls its formalities; fallback is any proven method and may include qualifying will/codicil. No universal amendment writing, signature, witness, notary, or trustee-delivery rule |
C.R.S. § 15-5-601 is reserved; the Trust Code states no special amendment-capacity formula |
Community-property amendment requires joint spouses; other property follows each settlor's contribution; trustee promptly notifies other settlors when fewer than all act (§ 15-5-602(2)) |
Agent needs express authority in trust or POA. Conservator, or guardian if none, needs supervising-court approval unless trust says otherwise or another person has express power (§ 15-5-602(5)–(6)) |
Applicable method controls completion; trustee promptly notifies other settlors when fewer than all act. Trustee without knowledge is protected (§ 15-5-602(2)(c), (7)) |
| Connecticut verified 2026-08-10 | Conn. Gen. Stat. § 45a-499oo(a); amendable unless expressly irrevocable. Presumption excludes pre-2020 instruments and stated charitable matters |
Settlor; dual-authorized POA agent; conservator if trust does not prohibit and trustee plus supervising court approve. Restatement is comprehensive amendment |
Substantial compliance with trust method; statutory alternatives remain if method absent or not expressly exclusive (§ 45a-499oo(c)) |
If method absent/nonexclusive: later will/codicil admitted to probate with required trust reference or specific devise, or another clear-and-convincing method; written trust requires later writing |
Written trust amendment must be a later written instrument. No universal settlor-signature, witness, notary, acknowledgment, trustee-delivery, or trustee-acceptance rule in § 45a-499oo |
No separate statutory amendment-capacity formula in current CUTC; do not import the omitted model will-capacity rule |
Community-property amendment requires joint spouses; other property follows each settlor's contribution. No prompt co-settlor notice rule stated (§ 45a-499oo(b)) |
Agent needs express authority in both trust and POA. Unless trust expressly prohibits, conservator needs approval of trustee and supervising court; no guardian route stated (§ 45a-499oo(e)-(f)) |
Applicable method controls completion; no universal delivery or amendment-notice rule. Trustee without knowledge is protected for distributions/actions assuming no change (§ 45a-499oo(g)) |
| Delaware verified 2026-08-11 | 12 Del. C. chs. 33 and 35; no general statutory revocability presumption located. Governing instrument includes an instrument modifying trust terms (§ 3301(e)) |
Powerholder comes from governing instrument or other law. For a covered § 3545 writing: trustor may execute with witnesses, or a disinterested trustee may execute; expressly authorized agent may act (§§ 3545, 49A-201) |
No general statutory trust-method compliance or exclusivity test. Section 3545's execution is mandatory for covered survivorship-interest changes unless another Code rule applies |
For changes outside § 3545(a), same writing routes are valid and § 3545(c) preserves other lawful means without enumerating them; no general will/codicil, delivery, or intent fallback stated |
Covered change: trustor-signed writing + 1 disinterested or 2 credible witnesses, OR disinterested trustee executes. Qualified notary may count; counterparts allowed; no universal delivery rule (§ 3545) |
No general trust-amendment-specific statutory capacity standard located in current Title 12; do not substitute will capacity without other authority |
No general statutory contribution, community-property, joint-action, or other-trustor-notice allocation located in current Chapters 33 and 35 |
Agent needs express POA authority and may act only to principal's extent and if no other agreement/instrument prohibits it. No general guardian/conservator amendment route located (§ 49A-201(b)(1)) |
No universal execution-vs-delivery effective-time rule or no-knowledge safe harbor. Optional compliant notice starts 120-day contest period; no trustee liability for omission (§ 3546(a)(1)) |
| District of Columbia verified 2026-08-11 | D.C. Code § 19-1306.02(a); revocable unless expressly irrevocable. Presumption excludes instruments executed before Mar. 10, 2004 |
Settlor; qualifying agent; court-approved conservator or, if none appointed, guardian. Restatement is a comprehensive amendment (§ 19-1306.02) |
Substantial compliance with trust method; statutory alternatives available if no method or method not expressly exclusive (§ 19-1306.02(c)) |
Later will/codicil expressly referring to trust OR specifically devising property otherwise passing under trust; or any other method manifesting clear and convincing intent, through no-method/nonexclusive gateway (§ 19-1306.02(c)(2)) |
No universal amendment writing, signature, witness, acknowledgment, notary, or trustee-delivery rule in § 19-1306.02(c); later will/codicil uses separate will law and trust method may add formalities |
Same as will-making: age 18+, sound and disposing mind, and capable of executing valid deed or contract (§§ 19-1306.01, 18-102) |
Community property: spouses jointly amend. Other property: each settlor controls contributed portion. Trustee promptly notifies other settlors when fewer than all act (§ 19-1306.02(b)) |
Agent needs express authority in trust OR POA. Conservator, or guardian if no conservator, needs approval of supervising court (§ 19-1306.02(e)–(f)) |
No universal trustee-delivery or acceptance rule; prompt notice to other settlors when fewer than all act; trustee without knowledge is protected (§ 19-1306.02(b)(3), (g)) |
| Florida verified 2026-08-10 | Fla. Stat. §§ 736.0403, 736.0601–.0602; post-code trust revocable unless terms expressly say irrevocable |
Settlor; agent only through § 709.2202; guardian of property only through court-approved § 744.441 authority. Restatement uses amendment power |
Substantial compliance with trust method. Statutory alternatives apply only if terms provide no method (§ 736.0602(3)) |
If no trust method: qualifying later will/codicil, or any other method showing clear and convincing intent (§ 736.0602(3)(b)) |
No universal amendment form, but Florida-domiciliary testamentary aspects require signed writing plus two attesting witnesses in mutual presence (§§ 736.0403(2)(b), 732.502) |
Same capacity required to make a will (§ 736.0601) |
Community property amendment requires both spouses; other property follows each settlor's contribution; acting settlor triggers prompt notice to others (§ 736.0602(2)) |
Agent needs separately signed/initialed POA authority plus trust's explicit permission; guardian of property needs prior court approval (§§ 709.2202, 744.441(19)) |
Trust method controls effectiveness; prompt notice to nonacting settlors. Trustee without knowledge is protected for distributions/actions; no general lifetime beneficiary notice (§ 736.0602(2)(c), (7)) |
| Georgia verified 2026-08-10 | O.C.G.A. §§ 53-12-40–43; no amendment/revocation power absent express reservation |
Settlor holding reserved power; agent through dual express authority; conservator through § 29-5-23. Restatement is comprehensive modification |
Express reserved power plus statutory written settlor signature. Article 3 states no substantial-compliance or nonexclusive-method alternative |
No statutory will, codicil, intent-only, or other fallback route in §§ 53-12-40–43 |
Settlor signs writing; no universal witness, acknowledgment, notary, or trustee-delivery rule. Trustee expressly consents only if amendment enlarges trustee duties/liabilities (§§ 53-12-40(c), -41) |
Article 3 states no amendment-specific cognitive formula; § 53-12-23 separately makes inter vivos trust-creation capacity equal capacity to transfer title |
Reserved powers and trust terms control; §§ 53-12-40–43 state no community-property, contribution-share, joint-action, or co-settlor-notice default |
Agent needs express authority in both trust and POA. Conservator may amend without new order only if trust expressly allows and no court order conflicts (§§ 53-12-43, 29-5-23(a)(8)) |
Applicable reserved power and trust method control effectiveness; no statutory receipt date. Trustee not liable for failing to follow an amendment of which trustee had no notice (§ 53-12-42) |
| Hawaii verified 2026-08-10 | Haw. Rev. Stat. §§ 554D-601–602; revocable unless expressly irrevocable. Presumption excludes instruments executed before Jan. 1, 2022 |
Settlor; agent expressly authorized in both trust and POA; court-approved conservator. Restatement is a comprehensive amendment (§ 554D-602) |
Substantial compliance with trust method, including a valid higher-capacity term. Fallback applies only if trust provides no amendment method; no nonexclusive-method exception (§ 554D-602(c)) |
If trust provides no method: any written and signed method manifesting clear and convincing evidence of intent. Oral-trust amendments may be proved by clear and convincing evidence (§§ 554D-602(c), 554D-407(a)) |
No-method fallback must be written and signed; no universal witness, notary, acknowledgment, or trustee-delivery rule. Trust method controls; oral-trust proof remains available (§§ 554D-602(c), 554D-407(a)) |
Will capacity—age 18+ and sound mind under Haw. Rev. Stat. § 560:2-501—unless trust validly requires a higher level for amendment (§§ 554D-601, 554D-602(c)) |
Unless trust expressly provides otherwise: spouses jointly amend community property; each settlor controls contributed noncommunity portion; trustee promptly notifies other settlors when fewer than all act (§ 554D-602(b)) |
Agent needs express amendment authority in both trust and POA. Conservator needs supervising-court approval. Section 554D-602 supplies no guardian fallback (§ 554D-602(e)–(f)) |
No universal effectiveness, delivery, acceptance, recording, or beneficiary-notice rule; prompt notice to other settlors when fewer than all amend; trustee without actual knowledge is protected (§ 554D-602(b), (g)) |
| Idaho verified 2026-08-10 | Idaho Code tits. 15, 68; no general statutory revocability presumption or settlor-amendment code. Confirm revocability in the instrument |
Instrument-designated power holder; instrument-appointed trust protector within granted powers; expressly authorized agent; court/protective routes. No separate restatement statute |
No statutory substantial-compliance or exclusivity formula located; use the instrument's amendment method unless a narrow statutory route applies |
No general signed-writing, later-will, delivery, or clear-and-convincing-intent fallback located in current Titles 15 or 68 |
No universal statutory settlor-amendment formality. Instrument controls; TEDRA agreement must be written and signed by all parties (§ 15-8-302) |
No amendment-specific settlor capacity formula located. Current protective court route uses best interests; Jan. 1, 2027 conservator route centers the decision the person would make (§§ 15-5-409, -414) |
No general statutory co-settlor or contribution-allocation rule located; identify each amendment-power holder from the instrument |
Agent needs express POA grant and no instrument prohibition (§ 15-12-201). Protector needs instrument-granted power (§ 15-7-501). Court may approve trust transactions; explicit conservator amendment power begins Jan. 1, 2027 |
No general amendment-specific effective-time, delivery, notice, or trustee no-knowledge rule located. Filed TEDRA agreement equals final order; future conservator route requires notice and prior court authorization |
| Illinois verified 2026-08-10 | 760 ILCS 3/601–602; no revocability presumption. Amendment requires trust expressly revocable or amendable by settlor |
Settlor with express trust authority; agent only through § 602(e); guardian of estate/person only by supervising-court order. Restatement is comprehensive amendment |
Substantial compliance with trust method. Alternative survives if no method or method not expressly made exclusive (§ 602(c)) |
Later written instrument other than will, signed by settlor and specifically referring to trust; no codicil, property-conveyance, or intent-only alternative |
Settlor signs statutory alternative; no universal witness, acknowledgment, notarization, or trustee-delivery rule in § 602(c). Trust method may add requirements |
Same capacity required to make a will (760 ILCS 3/601) |
Community-property amendment requires joint spouse action; other property follows each settlor's contribution; trustee promptly notifies other settlors when fewer than all act (§ 602(b)) |
Agent needs express POA authorization and no trust prohibition; guardian of estate or person needs order from court supervising guardianship (§ 602(e)–(f)) |
Applicable method controls effectiveness; no universal receipt date. Trustee promptly notifies nonacting settlors; trustee without knowledge protected for actions taken or not taken (§ 602(b), (g)) |
| Indiana verified 2026-08-10 | Ind. Code §§ 30-4-2-10, 30-4-3-1.5; electronic instruments also ch. 30-4-1.5. Amendable unless expressly irrevocable for instruments executed after June 30, 2005 |
Settlor; expressly authorized agent; guardian with supervising-court approval. Electronic restatement expressly included when executed under § 30-4-1.5-6; paper restatement is comprehensive amendment |
Must comply with trust method; alternatives remain if no method or the method is not expressly exclusive (§ 30-4-3-1.5(c)). Electronic trust method also requires settlor's electronic or paper signature |
Qualifying later will/codicil or another writing manifesting clear-and-convincing intent. Electronic fallback uses signed electronic or paper record specifying the amendments (§§ 30-4-3-1.5(c), 30-4-1.5-6) |
Paper alternative expressly requires writing; § 30-4-3-1.5 states no universal witness, notary, or trustee-delivery condition. Electronic route requires settlor signature and original-copy preservation, plus reasonable-efforts evidence to a known custodian |
Same capacity of a testator required to make a will (§ 30-4-2-10(b)) |
Unless trust provides otherwise, community-property amendment requires joint spouses; other property follows each settlor's contribution. No prompt co-settlor notice rule (§ 30-4-3-1.5(b)) |
Agent needs express authority in trust or POA. Guardian needs approval of supervising court. No separate conservator route stated (§ 30-4-3-1.5(g)–(h)) |
Applicable method controls completion. Electronic original must be preserved before amendment; settlor uses reasonable efforts to notify known custodian. No general beneficiary/co-settlor notice or trustee-acceptance condition; trustee without knowledge protected |
| Iowa verified 2026-08-10 | Iowa Code §§ 633A.3101–3103; modifiable unless expressly irrevocable. Default excludes instruments executed before July 1, 2000 |
Settlor; agent expressly authorized by both trust and POA. Restatement is comprehensive modification; no automatic guardian/conservator route |
Compliance with trust method; statutory alternatives remain unless trust expressly makes its method exclusive (§ 633A.3102(3)) |
If method nonexclusive: signed nonwill writing delivered to trustee during settlor's life, or later will/codicil expressly referring to trust and devising affected property. No general intent-evidence fallback |
Nonwill statutory fallback requires settlor-signed writing and lifetime delivery to trustee. No universal witness, notary, or acknowledgment rule; trust method and will route follow their own requirements |
Will-execution competency: full age (18 or marriage) and sound mind (§§ 633A.1102(4), 633A.3101; §§ 633.3(20), 633.264) |
Unless trust provides otherwise, each settlor may modify the portion that settlor contributed; no separate community-property joint-action or co-settlor notice rule (§ 633A.3102(2)) |
Agent needs express authority in both trust and POA. Trust Code states no guardian/conservator substitution; conservator has only court-set powers under § 633.642 |
Trust method/will route controls; nonwill fallback completes only on lifetime trustee delivery. No general amendment notice or no-knowledge safe harbor; § 633A.3103 separately protects authorized written directions absent actual knowledge of incompetency |
| Kansas verified 2026-08-10 | K.S.A. §§ 58a-601–602; revocable unless expressly irrevocable. Default excludes trusts under instruments executed before Jan. 1, 2003 |
Settlor; expressly authorized attorney-in-fact; court-approved conservator. Restatement is a comprehensive amendment |
Substantial compliance with trust method; alternatives remain unless the method is expressly made exclusive (§ 58a-602(c)) |
If method absent/nonexclusive: later will/codicil expressly referring to trust or specifically devising affected property, or any other clear-and-convincing-intent method |
Trust method controls. Later will/codicil: written, end-signed, and two-witness execution under § 59-606; self-proof is optional. Other-method branch adds no universal signature, notary, or delivery rule |
Same capacity as making a will (§ 58a-601); no separate amendment-only cognitive formula |
Community property: both spouses jointly amend. Other property: each settlor controls contributed portion. Trustee promptly notifies other settlors when fewer than all act (§ 58a-602(b)) |
Attorney-in-fact needs express POA authority. Conservator needs approval of supervising court; § 58a-602 states no parallel guardian route |
No universal effective-on-signing, delivery, or acceptance rule stated. Prompt co-settlor notice; trustee without knowledge is protected (§ 58a-602(b), (g)) |
| Kentucky verified 2026-08-10 | KRS § 386B.6-020(1); amendable unless terms expressly say irrevocable. Default excludes instruments signed before July 15, 2014 |
Settlor; expressly authorized agent; court-approved conservator, fallback guardian, or fallback curator. Restatement is comprehensive amendment |
Substantial compliance with trust method; statutory alternatives remain if method absent or not expressly exclusive (§ 386B.6-020(3)) |
If method absent/nonexclusive: qualifying later will/codicil or any other method manifesting clear-and-convincing intent (§ 386B.6-020(3)(b)) |
Trust method controls; no universal amendment writing, signature, witness, notary, or delivery rule. Current law recognizes electronic amendment records/signatures unless document precludes electronic use |
Same as will capacity: sound mind and age 18 or older (KRS § 386B.6-010; § 394.020) |
Community-property amendment requires joint spouses; other property follows each settlor's contribution; trustee promptly notifies other settlors when fewer than all act (§ 386B.6-020(2)) |
POA must expressly grant trust-amendment authority and trust must not prohibit. Conservator, then guardian, then curator may act with supervising-court approval unless trust provides otherwise |
Applicable method controls completion; no universal trustee-delivery condition. Prompt notice to other settlors when fewer than all act; trustee without knowledge is protected (§ 386B.6-020(2), (7)) |
| Louisiana verified 2026-08-10 | La. R.S. 9:2021–2023; no amendability presumption. Modification only within express reservation; reserved revocation includes modification; unrestricted modification reaches any particular |
All surviving competent settlors must concur; narrow delegated administrative or descendant-beneficiary powers may apply. Restatement requires an unrestricted or sufficiently broad reserved power |
Reservation's scope controls; no UTC substantial-compliance/nonexclusive fallback. Statutory authentic/private-act or testament form is mandatory (§§ 9:2021, 9:2051) |
No clear-and-convincing-intent fallback. Additional testament route exists, but trustee effect waits for testament plus probate/file-and-execute order (§ 9:2051(B)) |
Authentic act: notary/officer, 2 witnesses, all signatures. Or private-signature act before 2 witnesses, duly acknowledged by modifier or witness affidavit. Trustee must receive copy |
No separate cognitive formula in amendment article; all surviving settlors must be competent (§ 9:2024) |
All surviving competent settlors must concur in modification; no contribution-share allocation (§ 9:2024) |
Delegation reaches administrative provisions; § 9:2031 permits narrow descendant-beneficiary power. No general guardian/curator substitute; court has separate purpose-impairment modification route |
Inter vivos modification not effective as to trustee until receipt of authentic/acknowledged-act copy; testament route requires testament and court-order copies. No general beneficiary notice or UTC safe harbor |
| Maine verified 2026-08-11 | 18-B M.R.S. §§ 601–602; revocable unless expressly irrevocable. Presumption excludes instruments executed before July 1, 2005 |
Settlor; agent expressly authorized by trust or POA; court-approved conservator or fallback guardian. Restatement is a comprehensive amendment (§ 602) |
Substantial compliance with trust method. Alternatives remain if trust provides no method or its method is not expressly made exclusive (§ 602(3)) |
Later will/codicil expressly referring to trust or specifically devising property otherwise passing under it; or any other method manifesting clear and convincing evidence of intent (§ 602(3)(B)) |
No universal amendment signature, witness, notary, acknowledgment, or delivery rule. Later-will route follows will execution, including witnessed or holographic routes (18-C M.R.S. § 2-502) |
Same as will-making: sound mind and age 18+, or legally emancipated minor (18-B M.R.S. § 601; 18-C M.R.S. § 2-501) |
Community property: spouses jointly amend. Other property: each settlor controls contributed portion. Trustee notifies other settlors when fewer than all act; statute does not say promptly (§ 602(2)) |
Agent needs express authority in trust or POA. Conservator, or guardian if none appointed, needs supervising-court approval (§ 602(5)–(6)) |
No universal effective-time, delivery, acceptance, recording, or beneficiary-notice rule; trustee notifies other settlors when fewer than all amend; trustee without knowledge is protected (§ 602(2)(C), (7)) |
| Maryland verified 2026-08-10 | Md. Code, Est. & Trusts §§ 14.5-601–602; amendable unless terms expressly say irrevocable. Default excludes instruments executed before Jan. 1, 2015 |
Settlor; agent only through § 14.5-602(e); property guardian or fallback personal guardian with court approval if trust does not provide otherwise. Restatement is comprehensive amendment |
Substantial compliance with trust method; alternatives remain if no method or the method is not expressly exclusive (§ 14.5-602(c)) |
Qualifying later will/codicil, or another method manifesting clear-and-convincing intent, when trust method is absent/nonexclusive (§ 14.5-602(c)(2)) |
Trust method or chosen will/codicil controls its formalities; other fallback is any proven method. No universal amendment writing, signature, witness, notary, or trustee-delivery rule in § 14.5-602 |
Same capacity required to make a will; later incapacity does not make the revocable trust irrevocable (§ 14.5-601) |
Community-property amendment requires joint spouses; other property follows each settlor's contribution; trustee promptly notifies other settlors when fewer than all act (§ 14.5-602(b)) |
Agent needs express authority in both trust and POA. Property guardian, or personal guardian if none, needs supervising-court approval and trust must not provide otherwise; no conservator route stated |
Applicable method controls completion; trustee promptly notifies other settlors when fewer than all act. No general beneficiary notice or trustee-acceptance condition; § 14.5-602 states no amendment-specific no-knowledge safe harbor |
| Massachusetts verified 2026-08-10 | M.G.L. c. 203E, §§ 601–602; § 601 reserved; amendable unless terms expressly say irrevocable (§ 602(a)) |
Settlor; agent only through § 602(e); court or court-approved conservator through c. 190B, § 5-407. Restatement is comprehensive amendment |
Must comply with trust method; alternative exists only when trust provides no method—not merely a nonexclusive method (§ 602(c)) |
If trust provides no method, any method manifesting clear-and-convincing evidence of intent; § 602 neither requires writing nor lists/excludes a will or codicil |
Trust method controls; no-method fallback is any proven method. No universal writing, signature, witness, notary, or delivery rule in § 602; pending H.4330 would redefine trust instrument as settlor-executed record |
No separate amendment-capacity formula: M.G.L. c. 203E, § 601 is reserved. Do not substitute will capacity |
Community-property amendment requires joint spouses; other property follows each settlor's contribution; trustee promptly notifies other settlors when fewer than all act (§ 602(b)) |
Agent needs express authority in both trust and POA. After full hearing, court may exercise or approve conservator amendment using protected-person decision, best-interest, estate-plan, dependency, tax, benefits, and related factors; no guardian route stated |
Applicable method controls completion; trustee promptly notifies other settlors when fewer than all act. No general beneficiary notice. Trustee without knowledge protected (§ 602(f)) |
| Michigan verified 2026-08-10 | MCL 700.7601–.7602; revocable unless expressly irrevocable, except pre-April 1, 2010 instruments and listed power-created trusts |
Settlor; agent under current MCL 556.301 overlay; conservator/plenary guardian through express trust authority and court approval. Restatement is comprehensive amendment |
Substantial compliance with trust method; alternatives available when no method or method not expressly exclusive (MCL 700.7602(3)) |
Written trust: another writing manifesting clear-and-convincing intent. Oral trust: any method with that proof. Statute neither expressly identifies nor excludes will/codicil |
MCL 700.7602(3) states no universal signature, witness, acknowledgment, notary, or trustee-delivery rule; trust method or evidentiary route controls |
Same capacity required to make a will (MCL 700.7601) |
Community-property amendment requires joint spouses; other property follows contributions; after settlor notifies trustee that fewer than all acted, trustee promptly notifies other settlors (MCL 700.7602(2)) |
Current POA act requires express POA authority and no conflicting prohibition, unless judicially authorized. Conservator/plenary guardian needs express trust authority and supervising-court approval |
Applicable method controls; no universal receipt date. Conditional co-settlor notice applies; trustee without knowledge protected as to settlor, successors, and beneficiaries (MCL 700.7602(2)(c), (7)) |
| Minnesota verified 2026-08-10 | Minn. Stat. §§ 501C.0601–.0602; irrevocable unless terms expressly make trust revocable. No instrument-date exception stated in § 501C.0602 |
Settlor of expressly revocable trust; qualifying agent; conservator with supervising-court approval. Restatement is comprehensive amendment |
Substantial compliance with trust method; alternatives remain if method absent or not expressly exclusive (§ 501C.0602(c)) |
Written trust: another writing manifesting clear-and-convincing intent. Oral trust: any other method with that proof. No separately listed will/codicil route (§ 501C.0602(c)) |
Written-trust fallback requires another writing; qualifying electronic record/signature now permitted. No universal amendment witness, notary, or trustee-delivery rule (§ 501C.0602(c); 2026 ch. 45) |
Same as will capacity: age 18 or older and sound mind (§ 501C.0601; § 524.2-501) |
Community-property amendment requires joint spouses; other property follows each settlor's contribution; trustee promptly notifies other settlors when fewer than all act (§ 501C.0602(b)) |
Agent follows express trust authority; if trust is silent, needs express non-short-form POA authority. Conservator needs supervising-court approval; no guardian route stated (§ 501C.0602(e)–(f)) |
Applicable method controls completion; trustee promptly notifies other settlors when fewer than all act. Trustee without knowledge is protected (§ 501C.0602(b)(3), (g)) |
| Mississippi verified 2026-08-10 | Miss. Code Ann. §§ 91-8-601–602; revocable unless expressly irrevocable. Default excludes trusts under instruments executed before July 1, 2014 |
Settlor; instrument-authorized trust advisor/protector; expressly authorized agent; court-approved conservator or guardian. Restatement is comprehensive amendment |
Substantial compliance with trust method; statutory alternatives remain unless method is expressly made exclusive (§ 91-8-602(c)) |
If method absent/nonexclusive: later will/codicil expressly referring to trust or specifically devising affected property, or another clear-and-convincing-intent method; written trust still needs later writing delivered to trustee |
Written trust: later written instrument delivered to trustee. Section 91-8-602 adds no universal amendment witness, notary, acknowledgment, or trustee-acceptance signature |
Same capacity as making a will (§ 91-8-601); no separate amendment-only cognitive formula |
Community property: both spouses jointly amend. Other property: each settlor controls contributed portion. Trustee promptly notifies other settlors when fewer than all act (§ 91-8-602(b)) |
Agent authority must be express in trust or POA. Conservator or guardian needs approval of supervising court (§ 91-8-602(e)–(f)) |
Written-trust amendment requires delivery to trustee; no statutory deadline or signed receipt. Prompt co-settlor notice; protector exercise is binding; trustee without knowledge is protected (§§ 91-8-602(g), 91-8-1201(b)) |
| Missouri verified 2026-08-10 | Mo. Rev. Stat. §§ 456.6-601–602; amendable unless terms expressly say irrevocable. Default excludes instruments executed before Jan. 1, 2005 |
Settlor; expressly authorized agent; conservator or conservator ad litem with supervising-court approval. Restatement is comprehensive amendment |
Substantial compliance with any trust method; alternative exists only when trust provides no method—not merely a nonexclusive method (subsection 3 of § 456.6-602) |
If trust provides no method, any method manifesting clear-and-convincing intent, including later duly probated will/codicil identifying trust or amended terms (subsection 3 of § 456.6-602) |
Trust method or chosen will/codicil controls its formalities. No universal amendment writing, signature, witness, notary, trustee-delivery, or trustee-acceptance rule in § 456.6-602 |
Same capacity required to make a will (§ 456.6-601) |
Community-property amendment requires joint spouses; other property follows each settlor's contribution. No prompt co-settlor notice rule (subsection 2 of § 456.6-602) |
Agent needs express authority in trust or POA. Conservator, or conservator ad litem if none, needs supervising-court approval; no guardian route stated (subsections 5–6 of § 456.6-602) |
Applicable method controls completion; no general co-settlor, beneficiary, trustee-receipt, or trustee-acceptance condition. Trustee without knowledge protected (subsection 7 of § 456.6-602) |
| Montana verified 2026-08-11 | MCA §§ 72-38-601 to -602; revocable unless expressly irrevocable. Presumption excludes instruments executed before Oct. 1, 1989 |
Settlor; agent expressly authorized by both trust and POA; court-approved conservator or fallback guardian. Restatement is a comprehensive amendment (§ 72-38-602) |
Substantial compliance with trust method. Delivered-writing fallback applies only if trust provides no method; statute states no nonexclusive-method bypass (§ 72-38-602(3)) |
If trust provides no method: writing delivered to trustee manifesting clear and convincing evidence of intent. No will/codicil or any-method alternative (§ 72-38-602(3)(b)) |
Fallback requires a writing delivered to trustee, but § 72-38-602 states no universal signature, witness, acknowledgment, or notary requirement |
Same as will-making: age 18+ and sound mind (MCA §§ 72-38-601, 72-2-521) |
Community property: both parties jointly amend. Other property: each settlor controls contributed portion. Trustee promptly notifies other settlors when fewer than all act (§ 72-38-602(2)) |
Agent needs express authority in both trust and POA. Conservator, or guardian if none appointed, needs supervising-court approval (§ 72-38-602(5)–(6)) |
Fallback writing must be delivered to trustee; prompt notice to other settlors when fewer than all act; trustee without knowledge is protected (§ 72-38-602(2)(c), (3)(b), (7)) |
| Nebraska verified 2026-08-10 | Neb. Rev. Stat. §§ 30-3833, 30-3853–3854; revocable unless expressly irrevocable. Default excludes instruments executed before Jan. 1, 2005 |
Settlor; expressly authorized agent; court-approved conservator or, if none appointed, guardian. Restatement is comprehensive amendment |
Written trust: substantial compliance with trust method; alternatives remain unless method is expressly made exclusive (§ 30-3854(c)) |
Written trust with absent/nonexclusive method: qualifying later will/codicil or signed intent instrument meeting date/undated-proof rule. Oral trust: clear-and-convincing proof (§§ 30-3833, 30-3854(c)) |
Intent instrument: settlor or presence-and-direction signer plus date indication or statutory substitute; no universal witness, notary, or delivery. Ordinary will route uses two witnesses (§§ 30-2327, 30-3854(c)) |
Same capacity as making a will (§ 30-3853); no separate amendment-only cognitive formula |
Community property: both spouses jointly amend. Other property: each settlor controls contributed portion. Trustee promptly notifies other settlors when fewer than all act (§ 30-3854(b)) |
Agent authority must be express in trust or POA. Conservator, or guardian if none appointed, needs approval of supervising court (§ 30-3854(e)–(f)) |
No universal delivery/acceptance rule. Divorce statute can revoke former-spouse terms; prompt co-settlor notice; trustee without knowledge is protected (§§ 30-3854(b), (g)–(h), 30-2333) |
| Nevada verified 2026-08-10 | NRS 163.00185, 163.004; trust is irrevocable unless settlor expressly reserves revocation. Another person's amendment power does not make it revocable |
Person granted amendment power by trust instrument; settlor only to extent instrument reserves or grants it. Instrument-authorized protector, expressly authorized agent, or court-authorized guardian may act |
Instrument controls. Chapter 163 supplies no general substantial-compliance rule, exclusivity test, or statutory bypass of the stated method |
No general signed-writing, will/codicil, or clear-intent fallback in Chapter 163; trust terms and any authorized court order control |
No universal paper-amendment form in Chapter 163. Electronic amendment maintained as an electronic trust instrument must meet §§ 163.0015, 163.0095; instrument may add signing or delivery steps |
Chapter 163 states no special settlor amendment-capacity formula; video/e-record may evidence mental state or capacity (§ 163.620). Guardian route requires court findings (§ 159.078) |
No general contribution, community-property, joint-action, or co-settlor-notice default in Chapter 163; each instrument-granted or reserved power controls |
Agent needs express POA authority and cannot override another instrument (§ 162A.450). Guardian needs prior court order, notice/hearing, clear-and-convincing findings, and compliance with trust limits (§ 159.078) |
Instrument or court order controls. Protector exercise is binding; no general amendment notice/delivery or trustee no-knowledge safe harbor. Directed-fiduciary protection is limited to directions (§§ 163.5549, 163.5553) |
| New Hampshire verified 2026-08-10 | RSA 564-B:6-601–602; revocable unless expressly irrevocable. Presumption excludes instruments executed before Trust Code's Oct. 1, 2004 effective date |
Settlor; dual-authorized agent; court-approved conservator or guardian; trust advisor/protector within a power supplied under § 564-B:12-1201. Restatement is a comprehensive amendment |
Substantial compliance with trust method. Alternative remains available if trust states no method or does not expressly prohibit methods other than those stated (§ 564-B:6-602(c)) |
Any other method manifesting clear and convincing evidence of intent when fallback is available; no enumerated writing, will, codicil, or delivery route (§ 564-B:6-602(c)(2)) |
No universal signature, witness, notary, acknowledgment, or settlor-delivery formality; trust method or clear-and-convincing fallback controls. Agent change requires trustee receipt of notice (§ 564-B:6-602(c), (e)(2)) |
Same as will-making: age 18+, or married under 18, and sane mind (RSA 564-B:6-601; RSA 551:1) |
Community property: spouses jointly amend. Other property: each settlor controls contributed portion. Trustee promptly notifies other settlors when fewer than all act (§ 564-B:6-602(b)) |
Agent needs express authority in both trust and POA, follows subsection-(c) methods, and acts effectively on trustee receipt of notice. Conservator, guardian of estate, or fallback guardian of person needs supervising-court approval (§ 564-B:6-602(e)–(f)) |
No universal effective-time or delivery rule for settlor's own change; agent change effective only on trustee receipt of notice; prompt co-settlor notice; trustee without knowledge is protected (§ 564-B:6-602(b), (e)(2), (g)) |
| New Jersey verified 2026-08-10 | N.J.S.A. §§ 3B:31-42–43; amendable unless expressly irrevocable or clear-and-convincing evidence proves irrevocable intent. Default excludes pre-code instruments |
Settlor; agent only through § 3B:31-43(e); guardian of property only through court-approved § 3B:31-43(f). Restatement is comprehensive amendment |
Substantial compliance with trust method; statutory alternatives remain when no method or method not expressly exclusive (§ 3B:31-43(c)) |
Qualifying later will/codicil, or any other writing manifesting clear-and-convincing evidence of settlor's intent, when fallback is available |
Trust method controls. Later will/codicil must be executed; other route requires a writing showing clear-and-convincing intent. No universal witness, notary, or delivery term in § 3B:31-43 |
Same capacity required to make a will (§ 3B:31-42) |
Community-property amendment requires joint spouses or civil-union partners; other property follows each settlor's contribution; no co-settlor notice term (§ 3B:31-43(b)) |
Agent needs express authority in both trust and POA. Guardian of property needs supervising-court approval; § 3B:31-43 states no conservator route or additional court findings |
Applicable method controls completion; no general trustee receipt, acceptance, beneficiary notice, or co-settlor notice term. Trustee without knowledge protected (§ 3B:31-43(g)) |
| New Mexico verified 2026-08-10 | NMSA 1978 §§ 46A-6-601–602; revocable unless expressly irrevocable. Default excludes trusts under instruments executed before July 1, 2003 |
Settlor; expressly authorized agent; court-approved conservator or, if none appointed, guardian. Restatement is comprehensive amendment |
Substantial compliance with trust method; alternatives remain unless the method is expressly made exclusive (§ 46A-6-602(C)) |
If method absent/nonexclusive: later will/codicil expressly referring to trust or specifically devising affected property, or any other clear-and-convincing-intent method |
Trust method controls. Ordinary NM witnessed will: writing, testator/directed signature, and at least two witnesses (§ 45-2-502). Other-method branch adds no universal signature, notary, or delivery rule |
Same capacity as making a will (§ 46A-6-601); no separate amendment-only cognitive formula |
Community property: both spouses jointly amend. Other property: each settlor controls contributed portion. Trustee promptly notifies other settlors when fewer than all act (§ 46A-6-602(B)) |
Agent authority must be express in trust or POA. Conservator, or guardian if none appointed, needs approval of supervising court (§ 46A-6-602(E)–(F)) |
No universal effective-on-signing, delivery, or acceptance rule stated. Prompt co-settlor notice; trustee without knowledge is protected (§ 46A-6-602(B), (G)) |
| New York verified 2026-08-10 | N.Y. EPTL §§ 7-1.16–7-1.17; lifetime trust irrevocable unless it expressly provides revocability |
Person authorized by trust; creator through specifically referring will; creator with all beneficially interested persons' consents under § 7-1.9. Restatement uses amendment power |
Trust must authorize amendment and identifies authorized person; governing instrument may alter acknowledgment/witness manner, but § 7-1.17(b) still requires writing and execution |
Express direction in creator's will specifically referring to trust or provision (§ 7-1.16); separate creator-plus-all-beneficial-interest consent route (§ 7-1.9); no intent-only route |
Authorized person executes writing; unless instrument provides otherwise, acknowledgment like recordable conveyance or execution before two signing witnesses. Reasonable-time written notice to another trustee if signer is not sole trustee |
Natural person must be 18+ to create lifetime trust; cited lifetime-trust sections state no separate cognitive formula specifically for amendment (§ 7-1.14) |
Trust controls who is authorized; § 7-1.17 states no contribution-share or community-property allocation. § 7-1.9 route requires all beneficially interested persons' written acknowledged/proved consent |
Agent must be a person authorized to amend under trust; no status-only power in § 7-1.17. Article 81 court grants tailored property powers; § 81.21 expressly lists trust creation, not a blanket amendment power |
Effective on execution. If signer not sole trustee, written notice to at least one other trustee within reasonable time; missing notice does not defeat validity/effective date. Trustee protected until actual receipt (§ 7-1.17(b)) |
| North Carolina verified 2026-08-10 | N.C. Gen. Stat. §§ 36C-6-601–.602; post-code trust amendable unless expressly irrevocable. Revocable status is determined without regard to actual capacity |
Settlor; agent through § 36C-6-602.1; general/estate guardian through court-approved § 35A-1251(24). Restatement is comprehensive amendment |
Substantial compliance with trust method; alternatives available when no method or method not expressly exclusive (§ 36C-6-602(c)) |
Qualifying later will/codicil; oral statement to trustee for orally created trust; or other written method delivered to trustee showing clear-and-convincing intent |
Trust method controls its form. Will/codicil uses testamentary formalities; oral-trust route is oral to trustee; other writing must be delivered but § 602(c)(2)c states no universal signature, witness, or notary rule |
Same capacity required to make a will for settlor's personal act (§ 36C-6-601); § 602(a)'s without-regard-to-capacity phrase addresses revocable status |
Community-property amendment requires joint spouses; other property follows each settlor's contribution; no prompt co-settlor-notice rule in § 602(b) |
Agent needs express authority in trust or POA and cannot alter death-beneficiary designations. General/estate guardian petitions for court approval and cannot alter such designations, subject to stated planning limits |
Method controls: oral route requires statement to trustee; other-writing route requires delivery. No general beneficiary/co-settlor notice. Trustee without knowledge protected for distributions and other actions (§ 602(g)) |
| North Dakota verified 2026-08-11 | N.D.C.C. § 59-14-02(1); revocable unless expressly irrevocable, but presumption does not apply to instruments executed before Aug. 1, 2007 |
Settlor; qualifying agent; court-approved conservator or, if none appointed, guardian. Restatement is a comprehensive amendment (§ 59-14-02) |
Substantial compliance with trust method; statutory alternatives remain available if no method or method is not expressly exclusive (§ 59-14-02(3)) |
Later will or codicil expressly referring to trust, or any other method manifesting clear and convincing evidence of intent, when no method or no expressly exclusive method (§ 59-14-02(3)) |
No universal direct-settlor writing, signature, witness, acknowledgment, notary, or delivery rule in § 59-14-02(3). Agent must act in writing and deliver to trustee (§ 59-14-02(5)); later will/codicil uses separate will law |
Same as will-making: settlor must be an adult of sound mind (§§ 59-09-04.1, 30.1-08-01) |
Community property: both spouses jointly amend. Other property: each settlor controls contributed portion. Trustee promptly notifies other settlors when fewer than all act (§ 59-14-02(2)) |
Agent needs express authority in trust OR POA and must act in writing delivered to trustee. Conservator, or guardian if none, needs supervising-court approval (§ 59-14-02(5)–(6)) |
No universal direct-settlor delivery/effective-time rule; agent writing must be delivered. Trustee promptly notifies other settlors when fewer than all act; trustee without knowledge is protected (§ 59-14-02(2), (5), (7)) |
| Ohio verified 2026-08-10 | Ohio Rev. Code §§ 5806.01–.02; post-2006 trust revocable/amendable unless terms expressly provide irrevocability |
Settlor; agent only through dual express-authority rule; guardian only with supervising-court approval. Restatement is comprehensive amendment |
Substantial compliance with trust method; intent alternative only if terms provide no method, without a separate express-exclusivity test (§ 5806.02(C)) |
If no trust method, any method manifesting clear and convincing intent. Will/codicil prohibited unless trust expressly allows it |
No universal amendment signature, witness, acknowledgment, notary, or trustee-delivery form in § 5806.02(C); method and clear-and-convincing evidence control. A permitted will/codicil follows its own formalities |
Same capacity required to make a will (§ 5806.01) |
Community-property amendment requires joint spouses; other property follows each settlor's contribution; trustee promptly notifies others when fewer than all act (§ 5806.02(B)) |
Agent needs express authority in both trust and POA; guardian of estate, or person if no estate guardian, needs supervising-court approval (§ 5806.02(E)–(F)) |
Applicable method controls effectiveness; no universal trustee-receipt rule. Prompt co-settlor notice; trustee without knowledge protected for distributions and other actions (§ 5806.02(B)(3), (G)) |
| Oklahoma verified 2026-08-10 | 60 O.S. §§ 1610.3, 175.41: UTC plus compatible Trust Act; trust revocable unless expressly irrevocable, subject to stated spendthrift exception |
Trustor who reserved amendment power (§ 175.21); expressly authorized POA agent (§ 3024). A restatement is a comprehensive amendment |
No statutory substantial-compliance or exclusivity test; reserved power and any method stated in the trust must be examined (§ 175.21) |
No general statutory signed-writing, will/codicil, or intent-evidence fallback in current Article 6 or the compatible Trust Act |
No universal amendment writing, signature, witness, notary, acknowledgment, or trustee-delivery rule in the cited statutes; trust method and other applicable transaction law control |
Same as will capacity: over age 18 and of sound mind (60 O.S. § 1606.1; 84 O.S. § 41(A)) |
No general statutory community-property, contribution-share, or all-settlor amendment allocation; identify each holder of the reserved power from the trust |
POA itself must expressly grant inter vivos trust-amendment authority, and another instrument may prohibit exercise (§ 3024). Guardian has only statutory or court-ordered powers; no automatic trust-amendment power (§ 3-119) |
Trust method controls completion; no universal amendment notice, delivery, or trustee no-knowledge safe harbor. Settlor-direction rule in § 1606.2 is not an amendment method |
| Oregon verified 2026-08-10 | ORS 130.500-.505; amendable unless terms expressly say irrevocable. Default excludes instruments executed before Jan. 1, 2006 |
Settlor; agent expressly authorized by trust; court-approved conservator or fallback guardian. Restatement is comprehensive amendment |
Substantial compliance with trust method. Intent fallback exists only if trust provides no method—not merely a nonexclusive method (§ 130.505(3)) |
If trust provides no method, any nonwill/noncodicil method manifesting clear-and-convincing intent (§ 130.505(3)(b)) |
Trust method controls; fallback has no universal writing, signature, witness, notary, or delivery rule. Electronic effect follows ORS 130.905 and UETA scope/agreement rules |
Will capacity: sound mind plus age 18+, lawful marriage, or emancipation (ORS 130.500; ORS 112.225) |
Unless trust says otherwise: community-property amendment requires joint spouses; other property follows contribution; prompt notice when fewer than all act (§ 130.505(2)) |
Agent/attorney-in-fact needs express authority in trust terms. Conservator, or guardian if none, needs supervising-court approval (§ 130.505(5)-(6)) |
Applicable method controls completion; no universal trustee-delivery condition. Prompt notice to other settlors when fewer than all act; trustee without knowledge is protected (§ 130.505(2), (7)) |
| Pennsylvania verified 2026-08-10 | 20 Pa.C.S. §§ 7751–7752; settlor may revoke or amend unless trust terms expressly provide irrevocability |
Settlor; agent only within § 7752(e); guardian of estate only as court directs. Restatement is comprehensive amendment |
Substantial compliance with trust method. Alternative survives if no method or method is not expressly made exclusive (§ 7752(c)) |
Signed later writing, other than will/codicil, expressly referring to trust or specifically conveying property otherwise passing under trust; no will or intent-only route |
Settlor signs statutory alternative; no universal witness, acknowledgment, notarization, or trustee-delivery rule in § 7752(c). Trust method may add requirements |
Same capacity required to make a will (§ 7751) |
Community property amended jointly by spouses; other property follows each settlor's contribution, with notice to other settlors; trustee promptly notifies others when fewer than all act (§ 7752(b)) |
Agent may change nondispositive provisions only to extent trust or POA expressly authorizes; dispositive amendment needs express POA authority and court direction. Guardian of estate acts as court directs (§ 7752(e)–(f)) |
Applicable method controls effectiveness; no general trustee-delivery rule. Co-settlor notices apply; trustee without knowledge is protected for distributions and other actions (§ 7752(b), (g)) |
| Rhode Island verified 2026-08-11 | No general revocable-trust code or statutory revocability presumption in current Title 18; § 18-4-27 only validates an otherwise valid written trust despite reserved powers |
No general statutory holder rule. Section 18-4-27 recognizes that a settlor or another person may possess an amendment power but does not grant one |
No general statutory amendment-method, compliance, or exclusivity rule located in current Title 18; instrument and applicable nonstatutory law require review |
No general signed-writing, will/codicil, delivery, or clear-and-convincing-intent alternative located in current Title 18 |
No general trust-amendment execution rule. Realty affidavit/memorandum is executed by every settlor or every current trustee; separate recordability rules may apply (§ 34-4-27(a)) |
No trust-amendment-specific statutory capacity standard located in current Title 18; do not substitute a will or contract standard without other authority |
No general statutory allocation by contribution or community property. Realty affidavit/memorandum requires every settlor or every current trustee to execute (§ 34-4-27(a)) |
No general statutory agent, guardian, conservator, or court-approval route for exercising an ordinary settlor's amendment power located in current Title 18 |
No general statutory effective-time or trustee safe harbor. For trust realty, recorded amendment/revocation or memorandum gives third-party notice; third parties may rely absent actual contrary knowledge (§ 34-4-27(b)–(c)) |
| South Carolina verified 2026-08-10 | S.C. Code Ann. § 62-7-602(a); amendable unless terms expressly say irrevocable. Default excludes instruments executed before Jan. 1, 2006 |
Settlor; expressly authorized agent within § 62-7-602A(c)'s limit; court-approved conservator or fallback guardian. Restatement is comprehensive amendment |
Substantial compliance with trust method; statutory alternatives remain if method absent or not expressly exclusive (§ 62-7-602(c)) |
Qualifying later will/codicil; oral statement to trustee for oral trust; or other written nonwill method delivered to trustee, with stated clear-and-convincing intent proof |
Trust method controls. Nonwill written fallback must be delivered to trustee; statute adds no universal signature, witness, or notary rule. A will/codicil follows will execution law |
Same as will capacity: sound mind and not a minor; incapacity finding alone does not decide trust-amendment capacity unless court order says otherwise (§§ 62-7-601, 62-2-501, 62-5-107) |
Community-property amendment requires joint spouses; other property follows each settlor's contribution; trustee promptly notifies other settlors when fewer than all act (§ 62-7-602(b)) |
Agent needs express authority in trust or POA and cannot change death-time beneficiary amounts. Conservator or fallback guardian needs court approval; protective-arrangement order may authorize conservator/special conservator |
Applicable method controls completion; written fallback requires trustee delivery. Prompt notice to other settlors when fewer than all act; trustee without knowledge is protected (§ 62-7-602(b), (c), (g)) |
| South Dakota verified 2026-08-11 | SDCL §§ 55-3-5 to -6; irrevocable unless trust terms expressly reserve to settlor a power to revoke or modify |
Settlor holding expressly reserved power; governing instrument may give a trust protector stated amendment powers. Agent or court-authorized conservator may act within statutory limits (§§ 55-1B-6, 59-12-23, 29A-5-420) |
Current statutes state no general strict- or substantial-compliance test or exclusivity rule; reserved power and any stated method come from trust terms (§ 55-3-6) |
No general signed-writing, will/codicil, delivery, or clear-and-convincing-intent fallback located in current Title 55 ordinary-trust scheme |
No universal amendment signature, witness, acknowledgment, notary, or trustee-delivery rule in §§ 55-3-5 to -6. Trust terms may supply formalities; § 29A-5-420's two-witness rule addresses a conservator-made will, not a trust amendment |
No direct-settlor trust-amendment-specific statutory capacity standard located in current Title 55; conservator route uses substituted-decision and protective factors (§ 29A-5-420) |
No general statutory contribution-based, community-property, joint-action, or other-settlor-notice allocation located in current Title 55 ordinary-trust scheme |
Agent: express authority in both POA and trust, only when settlor incapacitated or not reasonably available. Conservator: petition, court authorization, substituted-decision factors, and hearing notice. No parallel guardian amendment power stated (§§ 59-12-23(8), 29A-5-420) |
No universal effectiveness, trustee-receipt, beneficiary-notice, or no-knowledge safe harbor for exercise of the reserved power. Court-supervised conservator amendment requires advance hearing notice, including notice to trustee (§ 29A-5-420) |
| Tennessee verified 2026-08-10 | Tenn. Code Ann. §§ 35-15-601–602; amendable unless terms expressly say irrevocable. Default excludes instruments executed before July 1, 2004 |
Settlor; expressly authorized agent; conservator, or guardian if none, only through specific trust-instrument authority. Restatement is comprehensive amendment |
Substantial compliance with trust method; alternatives remain available if no method or the method is not expressly exclusive (§ 35-15-602(c)) |
Qualifying later will/codicil, or any other method manifesting clear-and-convincing evidence of intent, when trust method is absent/nonexclusive (§ 35-15-602(c)(2)) |
Trust method or chosen will/codicil controls its formalities; other fallback is any proven method. No universal amendment writing, signature, witness, notary, or trustee-delivery rule in § 35-15-602 |
Same capacity required to make a will; § 601 separately says qualifying trust post-death dispositions need not use will formalities |
Community-property amendment requires joint spouses; other property follows each settlor's contribution; surviving settlor retains revocation authority over that settlor's portion. No prompt co-settlor notice rule (§ 35-15-602(b)) |
Agent needs express authority in trust or POA. Conservator, or guardian if no conservator, may act only if trust instrument specifically grants that fiduciary the power; § 602 states no court-approval substitute |
Applicable method controls completion; no general co-settlor, beneficiary, trustee-receipt, or trustee-acceptance condition. Trustee without knowledge protected (§ 35-15-602(g)) |
| Texas verified 2026-08-10 | Tex. Prop. Code § 112.051; revocable unless creating or modifying instrument expressly makes trust irrevocable |
Settlor may modify or amend a revocable trust. Complete restatement uses same amendment authority (§ 112.051(b)) |
Trust terms generally prevail under § 111.0035; § 112.051 states no substantial-compliance or exclusive-method formula |
Written amendment required when trust was created by written instrument; no separate will, codicil, or intent-evidence route stated (§ 112.051(c)) |
§ 112.051(c) requires writing, but states no universal amendment signature, witness, notary, acknowledgment, or delivery formality |
No amendment-specific test in Chapter 112; § 112.007 states only the creation-capacity rule tied to transfer, will, or appointment capacity |
Each contributor is settlor of that person's attributable portion (§ 111.004(14)); § 112.051 states no co-settlor amendment decision rule |
§ 112.051 names the settlor and does not itself authorize an agent, guardian, conservator, or court-supervised fiduciary to amend |
No statutory delivery or beneficiary-notice trigger in § 112.051; trustee's express consent required only before amendment enlarges trustee duties |
| Utah verified 2026-08-10 | Utah Code §§ 75B-2-601–602; amendable unless expressly irrevocable. Default excludes instruments executed before May 1, 2004 |
Settlor; expressly authorized agent; court-approved conservator or fallback guardian. Restatement is comprehensive amendment |
Substantial compliance with trust method; statutory alternatives remain if method absent or not expressly exclusive (§ 75B-2-602(3)) |
If method absent/nonexclusive: later will/codicil expressly referring to trust or specifically devising affected property, or another clear-and-convincing method (§ 75B-2-602(3)(b)) |
Trust method controls; no universal amendment writing, signature, witness, notary, or delivery rule. Electronic amendment records/signatures recognized unless document precludes electronic use (§§ 75-13-101, -201, -204) |
Will capacity: age 18+, identify people and relationships, understand property, and form disposition plan; rebuttable presumption survives guardianship/conservatorship (§ 75B-2-601; § 75-2-501) |
Community-property amendment requires joint spouses; other property follows each settlor's contribution. No prompt co-settlor notice rule stated (§ 75B-2-602(2)) |
Agent needs express authority in trust or POA. Conservator, or guardian if none, needs supervising-court approval (§ 75B-2-602(5)-(6)) |
Applicable method controls completion; no universal amendment delivery or notice. Trustee without knowledge protected for distributions/actions assuming no change (§ 75B-2-602(7)) |
| Vermont verified 2026-08-11 | 14A V.S.A. § 602(a); revocable unless expressly irrevocable. Presumption excludes instruments executed before effective date of Vermont Trust Code |
Settlor; qualifying agent; court-approved guardian of property or fallback guardian of person. Restatement is a comprehensive amendment (§ 602) |
Substantial compliance with trust method; statutory alternatives available if no method or method not expressly exclusive (§ 602(c)) |
Later will/codicil that expressly refers to and amends trust OR specifically devises/bequeaths specific property otherwise passing under trust; or any other clear-and-convincing-intent method (§ 602(c)(2)) |
No universal amendment writing, signature, witness, acknowledgment, notary, or trustee-delivery rule in § 602(c); later will/codicil uses separate will law and trust method may add formalities |
Same as will-making: age 18+, or emancipated by court order, and sound mind (§ 601; 14 V.S.A. § 1) |
Community property or entirety property when added: spouses jointly amend. Other property: each settlor controls contributed portion. Trustee notifies other settlors when fewer than all act; no promptness modifier (§ 602(b)) |
Agent needs express authority in trust OR POA. Guardian of property, or guardian of person if none, needs approval of supervising Probate Division; no separate conservator route (§ 602(e)–(f)) |
No universal trustee-delivery or acceptance rule; notice to other settlors when fewer than all act; trustee lacking actual knowledge is protected (§ 602(b)(3), (g)) |
| Virginia verified 2026-08-10 | Va. Code §§ 64.2-750–751; amendable unless terms expressly say irrevocable. Default excludes instruments executed before July 1, 2006 |
Settlor; expressly authorized agent unless trust prohibits; conservator or fallback guardian through trust authority or good-cause court order. Restatement is comprehensive amendment |
Substantial compliance with trust method; alternative exists only when trust provides no method—not merely a nonexclusive method (§ 64.2-751(C)) |
If trust provides no method, any method manifesting clear-and-convincing evidence of settlor's intent; statute does not limit fallback to a writing or will |
Trust method controls. No-method fallback says any method; no universal writing, signature, witness, notary, or delivery rule. A trust instrument is a signed record, including electronic signing (§ 64.2-701) |
Same capacity required to make a will (§ 64.2-750) |
Community-property amendment requires joint spouses; other property follows each settlor's contribution; trustee promptly notifies other settlors when fewer than all act (§ 64.2-751(B)) |
Agent's POA must expressly authorize and trust must not expressly prohibit; § 64.2-1612 duties apply. Conservator, or guardian if none, needs express trust authority or supervising-court authorization for good cause |
Applicable method controls completion; trustee promptly notifies other settlors when fewer than all act. No general beneficiary notice. Trustee without knowledge protected (§ 64.2-751(G)) |
| Washington verified 2026-08-10 | RCW 11.103.020–.030; trustor may not amend unless trust terms expressly provide revocability (§ 11.103.030(1)) |
Trustor; qualifying agent under §§ 11.103.030(5), 11.125.240; court-approved conservator under § 11.103.030(6). Restatement is comprehensive amendment |
Substantial compliance with trust method; alternatives available when no method or method not expressly exclusive (§ 11.103.030(3)) |
Qualifying later will/codicil, or written instrument signed by trustor evidencing intent, when fallback is available (§ 11.103.030(3)(b)) |
Trust method controls. Later will/codicil is separate route; other fallback requires trustor-signed writing. § 11.103.030 states no universal witness, notary, or trustee-delivery term |
Same capacity required to make a will (§ 11.103.020) |
Unless trust says otherwise: community-property amendment requires joint spouses/domestic partners; other property follows contributions; character unchanged; trustee promptly notifies other trustors (§ 11.103.030(2)) |
Agent needs express POA authority; act must be consistent with or expressly authorized by trust and not otherwise prohibited. Conservator needs supervising-court approval; no separate guardian route stated |
Applicable method controls completion; trustee promptly notifies other trustors when fewer than all act. No general beneficiary notice. Trustee without knowledge protected (§ 11.103.030(7)) |
| West Virginia verified 2026-08-10 | W. Va. Code §§ 44D-6-601–602; revocable unless expressly irrevocable. Presumption excludes instruments executed before July 1, 2011 |
Grantor; expressly authorized agent; court-approved conservator or, if none, guardian. Restatement is a comprehensive amendment (§ 44D-6-602) |
Substantial compliance with trust method. Alternative applies only if instrument provides no method; statute has no nonexclusive-method exception (§ 44D-6-602(c)) |
If instrument provides no method: any other method manifesting clear and convincing evidence of grantor's intent; no enumerated will or writing route (§ 44D-6-602(c)(2)) |
No universal signature, witness, notary, or delivery formality in § 44D-6-602; trust method controls, or no-method route must meet clear-and-convincing standard |
Same capacity as making a will: age 18+ and sound mind (§§ 44D-6-601, 41-1-2) |
Community property: spouses jointly amend. Other property: each grantor controls contributed portion. Trustee promptly notifies other grantors when fewer than all act (§ 44D-6-602(b)) |
Agent needs express authority in trust or POA. Conservator, or guardian if none appointed, needs supervising-court approval (§ 44D-6-602(e)–(f)) |
No universal effectiveness or delivery rule; prompt notice to other grantors when fewer than all amend; trustee without knowledge is protected (§ 44D-6-602(b), (g)) |
| Wisconsin verified 2026-08-10 | Wis. Stat. §§ 701.0601–.0602; rebuttable presumption of amendment power unless terms expressly say irrevocable. Presumption excludes pre-July 1, 2014 instruments |
Settlor; expressly authorized agent; guardian of estate or conservator with supervising-court approval. Restatement is comprehensive amendment |
Substantial compliance with trust method; alternatives exist only when trust provides no method—not merely a nonexclusive method (§ 701.0602(3)) |
If trust provides no method, qualifying later will/codicil or any other method manifesting clear-and-convincing intent (§ 701.0602(3)) |
Trust method controls when one exists; no-method alternatives are qualifying will/codicil or other proven method. No universal amendment writing, signature, witness, notary, or trustee-delivery rule |
Same capacity required to make a will (§ 701.0601) |
Marital/community-property amendment requires joint spouses; other property follows each settlor's contribution; trustee promptly notifies other settlors when fewer than all act (§ 701.0602(2)) |
Agent needs express authority in POA. Guardian of estate or conservator needs supervising-court approval; no trust-document authorization gate stated (§ 701.0602(5)–(6)) |
Applicable method controls completion; trustee promptly notifies other settlors when fewer than all act. Trustee without knowledge is protected (§ 701.0602(2)(c), (7)) |
| Wyoming verified 2026-08-11 | Wyo. Stat. Ann. § 4-10-602(a); revocable unless trust terms expressly provide irrevocability |
Settlor; qualifying agent; court-approved conservator or fallback guardian. Unless trust says otherwise, power to revoke includes power to amend. Restatement is comprehensive amendment (§ 4-10-602) |
Substantial compliance with trust method; statutory alternatives available if no method or method not made exclusive (§ 4-10-602(c)) |
Statement expressly amending trust in settlor-signed writing OR settlor's will; or any other method manifesting clear and convincing intent, through no-method/nonexclusive gateway (§ 4-10-602(c)(ii)) |
Signed-writing alternative requires settlor signature; will route uses separate will law. No universal amendment witness, acknowledgment, notary, or trustee-delivery rule in § 4-10-602(c) |
Same as will-making: person of legal age and sound mind (§§ 4-10-601, 2-6-101) |
Community property: both spouses jointly amend. Other multi-settlor property: amendment requires joint action of all settlors, although each may revoke contributed portion (§ 4-10-602(b)) |
Agent needs express authority in trust OR POA. Conservator, or guardian if none, needs supervising-court approval and finding that exercise meets settlor's purpose or intent (§ 4-10-602(e), (g)) |
No universal trustee-delivery, acceptance, beneficiary, or co-settlor notice rule. Trustee who does not know or have actual knowledge is protected (§ 4-10-602(h)) |
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