How to Revoke a Living Trust

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If your trust is revocable, you have the right to amend it at will. However, sometimes the changes might be so all-encompassing that it’s easier to “erase” your trust and start over. In this case, you also have the right to revoke it. The process isn't complicated, but you have to do something with the assets you placed into it.

Change the title on all property you placed in the trust, transferring it back into your ownership. Trusts that contain real estate require new deeds to accomplish this process. Record the new deeds with the county clerk where your property is located. Notify all financial institutions and other interested parties of the change.

Read More: How to Dissolve a Revocable Trust

Download a form for a “trust revocation declaration” or “revocation of living trust." These forms are usually available for free from legal websites. You can also ask for one at your local courthouse.

Complete the revocation form. It is usually no more than a single page. Fill in the date that you established your trust and your name. Include a sentence indicating that your trust grants you the right to revoke it and that you are doing so.

Sign the revocation in the presence of a notary public. You can usually find one at your local bank or an attorney’s office. Courthouse staff can also sometimes notarize documents.

Call your local court and inquire as to whether you need to file your revocation. In some states, you can simply attach it to your trust documents and store it with your will or new trust documents.

Warnings

  • If you revoke your trust and don’t replace it with a new one, or if you do not write a will after the revocation to address disposition of your assets, you’ll die intestate. The court will distribute your assets to your heirs according to your state’s laws. They may not necessarily go the person you’d like to receive them.

Tips

  • Only the grantor of a revocable trust has the power to revoke it. Some trusts have more than one grantor, such as husband and wife. If this is the case with your living trust, you may need the consent of your co-grantor to revoke it. The exception is if your trust documents specifically state that this isn’t necessary. Read them over or have an attorney review them to be sure.