Revocable Trust Amendment Requirements in North Dakota

At a glance

Requirements one by one

Revocability and the 2007 boundary

N.D. Cent. Code § 59-14-02(1) generally permits the settlor to amend a trust unless its terms expressly provide that it is irrevocable. The subsection does not apply to a trust created under an instrument executed before August 1, 2007, so the current presumption cannot be projected onto an older instrument.

North Dakota states no separate procedure for a complete restatement. Replacing all operative terms is a comprehensive amendment under the same power, method, capacity, co-settlor, agent, court-approval, notice, and trustee-protection rules.

Trust method, exclusivity, and alternatives

Under § 59-14-02(3), the settlor may amend by substantial compliance with a method provided in the trust. The statutory alternatives remain available when the trust provides no method or when its method is not expressly made exclusive.

In either of those circumstances, the settlor may use a later will or codicil that expressly refers to the trust. The other alternative is any method manifesting clear and convincing evidence of the settlor's intent. The statute does not require that second alternative to be a signed writing or delivered record.

Execution and delivery depend on the route

Section 59-14-02(3) states no universal signature, witness, acknowledgment, notary, or trustee-delivery requirement for every direct settlor amendment. A trust-specified method may impose one or more formalities. A later will or codicil uses the separate execution law for that instrument.

The agent route is different. Subsection (5) expressly requires the agent's exercise to be in writing and delivered to the trustee. Subsection (4), which orders delivery of trust property after revocation, is not an amendment-document delivery rule.

Capacity is will-level capacity

N.D. Cent. Code § 59-09-04.1 makes will capacity apply when a settlor creates, amends, revokes, or adds property to a trust and when the settlor exercises reserved or granted powers and rights. N.D. Cent. Code § 30.1-08-01 permits any adult of sound mind to make a will.

Chapter 59-14 still displays § 59-14-01 as repealed. The live capacity rule is § 59-09-04.1, not the repealed section.

Multiple settlors and contributed property

Under § 59-14-02(2), both spouses must act jointly to amend the community-property portion of a revocable trust. Either spouse acting alone may revoke that portion, but that separate revocation rule does not reduce the joint-amendment requirement.

For property other than community property, each settlor may amend the portion attributable to that settlor's contribution. When fewer than all settlors act, the trustee must promptly notify the other settlors. This is not a general beneficiary-notice command.

Agent, conservator, and guardian

Under § 59-14-02(5), an agent may exercise the settlor's amendment power only to the extent expressly authorized by the trust terms or the power of attorney. North Dakota uses “or,” not a requirement that both documents contain an express grant. The agent must exercise the power in writing and deliver the writing to the trustee.

Under subsection (6), a conservator needs approval from the court supervising the conservatorship. If no conservator has been appointed, a guardian may act only with approval from the court supervising the guardianship.

Effective time, notice, and trustee protection

For direct settlor action under subsection (3), the statute states no universal rule making the amendment operative only on trustee receipt or acceptance. The trust method or chosen statutory route can determine when the required acts are complete. The agent route separately makes writing and delivery mandatory.

When fewer than all settlors amend, the trustee must promptly notify the other settlors. Under subsection (7), a trustee without knowledge of an amendment is not liable to the settlor or the settlor's successors for distributions or other actions taken on the assumption that the trust remained unamended.

What trips people up

• Applying the presumption to every older trust. Section 59-14-02(1) does not apply to an instrument executed before August 1, 2007.
• Using an alternative despite an expressly exclusive method. The will, codicil, and clear-and-convincing alternatives apply only when no method exists or the stated method is not expressly exclusive.
• Requiring a signed delivered writing in every case. Writing and delivery are explicit for an agent, not universal for direct settlor action.
• Demanding express agent authority in both documents. North Dakota says the trust terms or the power of attorney may supply it.
• Missing the other-settlor notice. The trustee must promptly notify the other settlors when fewer than all amend.

Common questions

May a later will amend a North Dakota revocable trust?

Yes, when the trust provides no method or does not expressly make its method exclusive, if the later will or codicil expressly refers to the trust. The same gateway also permits another method manifesting clear and convincing evidence of intent.

Must the amendment be witnessed or notarized?

Section 59-14-02 states no universal witness or notary rule for every direct settlor amendment. The trust's method or a separately used will, codicil, deed, or other instrument may carry its own formalities.

Can an agent amend the trust?

Only to the extent the trust terms or power of attorney expressly authorizes the exercise. The agent must act in writing and deliver the writing to the trustee.

Does the trustee have to accept the amendment?

Section 59-14-02 states no universal trustee-acceptance requirement. Trustee delivery is explicit for the agent route, and lack of knowledge matters to the subsection (7) liability protection.

Statutes and sources

• N.D. Cent. Code §§ 59-09-04.1 and 30.1-08-01 — will-level amendment capacity and the adult-of-sound-mind baseline. Official Chapter 59-09 PDF and official Chapter 30.1-08 PDF (accessed 2026-08-11).
• N.D. Cent. Code § 59-14-02 — revocability, method and exclusivity, alternative will or intent routes, co-settlors, agent writing and delivery, court-supervised fiduciaries, notice, and trustee protection. Official Chapter 59-14 PDF (accessed 2026-08-11).