Trust restatement · California
Living Trust Restatement — one clean trust under your original trust name
Your trust has picked up amendments over the years, or no longer matches your family. A restatement is one clean new trust document that folds in your changes and every past amendment, under your original trust name, so the house and accounts already in the trust stay right where they are. $950 single, $1,500 couple, with your updated will, power of attorney and health care directive included. Sign at our San Jose office, or from home by our partner’s remote online notary.
Prefer to sit down with us? 434 Blossom Hill Rd, San Jose · Book an office visit
When people restate their trust
These are the situations that bring people in. Whether to amend, restate or start a new trust is your decision; we prepare what you direct.
Several amendments already
A successor trustee should read one current document, not piece together the original and three amendments.
A spouse has passed
The surviving spouse wants the trust to reflect today’s family. What can be changed depends on what the trust says.
Children grown, grandchildren born
Beneficiaries, shares and the ages at which a share is paid out often all change at once.
New successor trustee
The person you named twenty years ago may have moved away, passed, or no longer be the right fit.
Divorce or remarriage
A former spouse may still appear throughout the trust as trustee, beneficiary or both.
An old trust banks question
A clean restated trust and a new certification of trust make the next bank or title company visit simpler.
Amendment, restatement or a new trust
All three are prepared at a published price. Here is what each one does.
Amendment
Changes whatever you need, such as a beneficiary, a trustee or the shares, and leaves the rest as written. A trust can carry several amendments. Living trust amendment →
Restatement
One clean new trust document that folds in your changes and every past amendment, under your original trust name. Assets already in the trust stay there, so no new deed and no re-titling at the bank.
Brand-new trust
Starts a new trust with a new date. Every asset must be moved into it, including a new deed for each property at $325. New living trust →
What the restatement includes
One fee covers the restated trust and a fresh set of supporting documents, so your whole plan carries the same date.
- Restated revocable living trust (keeps the original name and date)
- Pour-over will
- Durable power of attorney for finances
- Advance health care directive
- Certification of trust (the short form banks and title companies ask for)
- Notarization in our San Jose office
| Service | Fee |
|---|---|
| Trust restatement, single (full document refresh) | $950 |
| Trust restatement, couple (full document refresh) | $1,500 |
| Trust amendment, whatever you need changed | from $300 |
| Trust funding deed, for property not yet in the trust | $325 |
| Mobile home into trust (HCD title, Santa Clara County) | $325 |
Published fees, no hourly billing. Your exact fee is confirmed before any work starts.
Why an outdated trust causes problems
Most trust problems surface after the person who signed it has passed, when nobody can ask what they meant.
Stacked amendments get misread
When the original and several amendments disagree, the successor trustee has to guess which terms still apply.
Handwritten edits get challenged
Names crossed out on the face of a signed trust do not change it, and are exactly what a disappointed heir questions later.
Supporting documents fall behind
A 2005 power of attorney or health care directive may name people who can no longer act for you.
A new trust means re-titling
Starting over moves every account and property into a new trust. A restatement leaves them where they are.
Questions people ask before restating
What is a trust restatement?
How much does it cost to restate a living trust in California?
What is the difference between a trust amendment and a restatement?
Why restate my trust instead of making a new one?
Do I need a new deed after restating my trust?
Does a restatement change my property taxes?
Can I restate my trust after my spouse has died?
Can my spouse and I restate our joint trust together?
Does the restatement keep the original trust date?
Can my adult child or power of attorney agent restate my trust for me?
Does a trust restatement have to be notarized?
Can I sign my restatement from home?
How long does a restatement take, and how soon can we start?
What should I bring?
Can a Legal Document Assistant prepare a trust restatement?
Do you help clients outside San Jose, or in other languages?
Related trust services
Living trust amendment
Want to change something and keep the rest? An amendment from $300 is added to your trust.
Living trust amendment →Fund your trust
Property that was never put into the trust needs a funding deed, $325.
Fund your trust →Certification of trust
The short form banks and title companies ask the trustee for.
Certification of trust →One current trust, signed and notarized
Call (408) 766-3532 or start online. $950 single, $1,500 couple, with your will, power of attorney and health care directive updated too.
Prefer to sit down with us? 434 Blossom Hill Rd, San Jose · Book an office visit
Estate planning services · Living trust, San Jose · All intake forms
TruPoint Legal LLC is a registered Legal Document Assistant (LDA #268, Santa Clara County), not a law firm. We prepare documents at your direction and do not give legal advice on whether to amend, restate or replace a trust, or on the changes you make. If you are unsure, an attorney can advise you.