How to Revoke a Trust

Revoking a trust requires following the method specified in the trust document and complying with state law. Here's what you need to know about the revocation process.

Can You Revoke Your Trust?

Only revocable trusts can be revoked. An irrevocable trust generally cannot be revoked (though some states allow modifications under limited circumstances). Check your trust document — it should state whether it's revocable and who holds the power to revoke.

Learn the difference between revocable and irrevocable trusts →

Step-by-Step: Revoking a Revocable Trust

Step 1: Read the Revocation Clause

Your trust agreement should include a revocation clause specifying how to revoke. Common methods include:

• Written instrument — sign a formal revocation declaration
• Physical act — destroying the trust document (less common, harder to prove)
• Delivery to trustee — written notice delivered to the trustee
• Recording — recording a revocation with the county recorder (if real property is involved)

Step 2: Prepare the Revocation Document

If the trust requires a written revocation, prepare a formal "Revocation of Trust" document that includes:

• The trust's full name
• The date the trust was created
• A clear statement that the trust is revoked and terminated
• Your signature (matching the method required by the trust agreement)
• Notarization (recommended even if not required)
• Witnesses if required by your state or the trust agreement

Step 3: Notify the Trustee

Deliver the revocation to the trustee (if you're not serving as your own trustee). The trustee must then distribute the trust assets back to you as the settlor, following the trust's distribution-on-revocation provisions.

Step 4: Retitle Assets Back to Your Name

This is the most important step. Every asset held in the trust's name must be retitled back to your individual name:

• Real estate — record a deed transferring from the trust back to yourself
• Bank accounts — close trust accounts or retitle to individual
• Investment accounts — transfer assets to individual accounts
• Vehicles — retitle at the DMV
• Business interests — reassign membership interests or stock

An unfunded trust (no assets in its name) provides no benefit, so if you revoke but don't retitle, the trust technically continues to exist even though it holds nothing.

Step 5: Record the Revocation (if applicable)

If your trust holds real property, you may need to record the revocation with the county recorder in each county where the trust holds property. This puts the public on notice that the trust no longer holds title.

Step 6: Notify Third Parties

Notify anyone who has a Certificate of Trust on file — banks, title companies, financial institutions — that the trust has been revoked. Provide them with a copy of the revocation document.

Step 7: Keep Records

Keep the original revocation document, copies of all asset retitling, and correspondence with the trustee and third parties. If anyone later challenges the revocation, you'll need documentation.

State-Specific Requirements

Revocation requirements vary by state. Some states require:

• Specific language in the revocation document
• Delivery to all beneficiaries (not just the trustee)
• Notarization of the revocation
• Court approval (rare, but some states require it for certain trusts)

Check your state's requirements: find your state →