How often do I need to update the terms of my trust?

Creating a revocable living trust is one of the most effective ways to protect your assets, avoid probate, and ensure your wishes are carried out after death. But many people make one big mistake after setting up their trust: they never look at it again.

In California, where estate laws, family circumstances, and financial landscapes can shift quickly, keeping your trust current is key. So, how often should you update the terms of your trust? Let’s break it down.

📅 General Rule: Review Your Trust Every 3–5 Years

As a general guideline, you should review and potentially update your trust every 3 to 5 years. Even if nothing major has changed, laws and best practices around estate planning may have evolved—especially in California.

A periodic review helps ensure:

• Your beneficiaries are still correct

• Your successor trustees are capable and trustworthy

• Tax and probate laws haven’t made parts of your trust outdated

Many California estate planning attorneys offer free trust reviews to existing clients, so it’s worth checking in on a regular basis.

🛑 Major Life Events That Should Trigger a Trust Update

In addition to a regular review cycle, any major life event should prompt you to revisit your trust immediately. These include:

🔄 Changes in Family Structure:

• Marriage, divorce, or remarriage

• Birth or adoption of a child or grandchild

• Death of a spouse, child, or named beneficiary

💼 Changes in Finances or Assets:

• Buying or selling real estate

• Opening or closing a business

• Acquiring significant new assets

• Creating or closing retirement accounts

👥 Changes in Key People:

• Your chosen trustee is no longer able or willing to serve

• A beneficiary develops a disability or special needs

• You want to include or remove a beneficiary

📜 Legal or Tax Law Changes:

California and federal tax laws change frequently. Recent changes to estate tax thresholds, IRA distribution rules (SECURE Act), or Proposition 19 property transfer rules may affect your trust plan.

✍️ What Changes Might Be Needed?

Depending on your situation, updates may include:

• Adding or removing beneficiaries

• Updating distribution instructions

• Changing successor trustees

• Addressing tax planning strategies

• Including a special needs trust for a disabled beneficiary

• Retitling assets to ensure they’re properly funded into your trust

Remember: A trust is only effective if it’s accurate and properly funded.

🛠️ Revocable vs. Irrevocable Trusts

Most people have a revocable living trust, which means it can be amended or revoked at any time during your lifetime. These are very flexible.

By contrast, irrevocable trusts are much harder to modify—but updates may still be possible in limited circumstances, often with court approval or the consent of all beneficiaries.

🔐 Why Keeping Your Trust Updated Matters

Failing to update your trust could result in:

• Outdated or disqualified trustees

• Assets passing to the wrong people

• Family disputes or court battles

• Unintended tax consequences

• A return to California Probate Court for part of your estate

An outdated trust can sometimes be worse than no trust at all.

✅ Final Thoughts

Your trust isn’t a “set it and forget it” document. In California, where family dynamics and state laws are always evolving, updating your trust regularly ensures your estate plan continues to reflect your current wishes and protects your loved ones.

Recommended Action:

• Review your trust every 3–5 years

• Update it after any major life change

• Work with a qualified California estate planning attorney to ensure your plan is current and enforceable

Need a Trust Review?

We help California residents keep their trusts up to date with smart, strategic updates that reflect your current goals and life circumstances. Contact us today for a personalized trust review.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.