Utah: Revocable Trust Amendment Requirements

Requirements one by one

Governing law and revocability presumption

Utah Code § 75B-2-602(1) permits amendment unless the trust terms expressly
provide that the trust is irrevocable. The statutory default does not apply to
a trust created under an instrument executed before May 1, 2004.

That cutoff limits the current presumption. It does not itself decide whether
an older instrument reserved amendment authority.

Who may amend or restate

The settlor is the ordinary actor. Subsections (5) and (6) add routes for an
expressly authorized agent and a court-approved conservator or fallback
guardian.

Utah states no distinct complete-restatement procedure. A restatement is a
comprehensive amendment and must satisfy the same authority and method rules.

Trust method and exclusivity

The settlor may substantially comply with a method supplied by the trust. If
the trust states no method or its method is not expressly exclusive, the two
statutory alternatives remain available.

Utah does not require magic wording beyond the statute's express-exclusivity
test. The instrument's actual language controls whether it closes the fallback.

Alternative statutory method

A later will or codicil may qualify if it expressly refers to the trust or
specifically devises property that otherwise would have passed under the trust.
The statute does not add an admitted-to-probate condition to this route.

The other alternative is any method manifesting clear and convincing evidence
of the settlor's intent. Unlike Connecticut, Utah's § 75B-2-602 does not add a
general later-writing floor for every written trust.

Signature, witnesses, notary, and delivery

Section 75B-2-602 itself imposes no universal amendment writing, settlor
signature, witness, acknowledgment, notarization, trustee-delivery, or trustee-
acceptance condition. The trust's own method can require one or more of those
acts.

Under § 75-13-101(5) and (14), current Title 75, Chapter 13 expressly includes a
record that modifies a trust instrument or exercises a trust power requiring a
signed record. Utah Code § 75-13-201 applies the electronic rules unless the
document precludes electronic use. Utah Code § 75-13-204 prevents denial of effect
solely because the amendment record or signature is electronic and makes an
electronic record or signature satisfy an otherwise applicable writing or
signature rule. Utah Code § 75-13-303 applies the chapter to covered electronic
documents handled before, on, or after May 6, 2026.

Capacity standard

Section 75B-2-601 makes amendment capacity the same as will capacity. Under
§ 75-2-501, the settlor must be at least eighteen, identify important people
and understand those relationships, understand the nature and extent of the
settlor's property, and be able to form a disposition plan.

The statute supplies a rebuttable capacity presumption even when the person is
under guardianship or conservatorship or cannot independently manage affairs.
That presumption and a fiduciary's authority to act are separate questions.

Multiple settlors and contributed property

For community property, both spouses must act jointly to amend. For other
property, each settlor may amend the portion attributable to that settlor's
contribution.

Section 75B-2-602(2) does not add a prompt notice duty when fewer than all
settlors act.

Agent, guardian, conservator, and court authority

An agent may exercise amendment power to the extent expressly authorized by
the trust terms or the power of attorney. Utah uses an either-document gate,
not a requirement that both documents contain the grant.

A conservator may act only with approval of the supervising court. If no
conservator has been appointed, a guardian may use the same court-approved
route.

Effective time, notice, and trustee protection

The applicable trust method or statutory alternative determines completion.
Section 75B-2-602 states no universal amendment delivery or notice condition.
Its subsection (4) delivery command applies upon revocation, not amendment.

Under subsection (7), a trustee who does not know about the amendment is not
liable to the settlor or successors for distributions or other actions taken
on the assumption that the old terms remained operative.

What trips people up

• Using the pre-recodification subsection numbers. Utah moved the trust code
  to Title 75B in 2025; in current § 75B-2-602, co-settlors are subsection (2),
  methods are subsection (3), and agent authority is subsection (5).
• Adding a writing requirement to every route. The trust method may require
  writing, but § 75B-2-602 does not impose one universally.
• Treating guardianship as proof of incapacity. Section 75-2-501 preserves a
  rebuttable capacity presumption even during guardianship or conservatorship.
• Ignoring the electronic overlay. Current Chapter 13 expressly reaches
  amendments and can satisfy an applicable writing or signature requirement.

Common questions

Must a Utah trust amendment be witnessed or notarized?

Not under one universal amendment rule. The trust's own method can require
either, and a related deed, will, or other instrument follows its own law.

Can a Utah trust amendment be electronic?

Yes, when the current electronic estate-planning act applies and the document
does not preclude electronic records or signatures. Electronic form does not
excuse the trust's other authority and method requirements.

Does the trustee have to accept the amendment?

Section 75B-2-602 states no universal trustee-acceptance condition. The answer
can change if the trust's own amendment method requires delivery, receipt, or
another trustee act.

Statutes and sources

• Utah Code §§ 75B-2-601–602 — capacity, revocability default, amendment
  methods, co-settlors, agents, court-supervised fiduciaries, and trustee
  protection. Official Utah Code Part
  6
  (accessed 2026-08-10).
• Utah Code § 75-2-501 — detailed will-capacity test and rebuttable
  presumption. Official Utah Code Part
  5
  (accessed 2026-08-10).
• Utah Code §§ 75-13-101, 75-13-201, 75-13-204, and 75-13-303 — covered
  trust-amendment records, electronic scope, electronic writing/signature
  recognition, and transitional application. Official Utah Code Chapter
  13
  (accessed 2026-08-10).