Amending Arkansas Revocable Trust after moving to Texas?

I’ve got a revocable family trust, created and filed of record in Arkansas. Now we’ve moved to Texas, and need to amend it because we no longer have the real property in Arkansas, but have real property in Texas instead. We also need to modify a list of personal property contained in the trust. Do we have to file some document to revoke the trust in Arkansas and file a new one in Texas at the county courthouse? Can we just amend the old one? Where would you file the amendment or codicil?

Asked on June 25, 2009 under Estate Planning, Arkansas

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There is no codicil for a trust, I'm afraid.  That's only for a will.  What you do with a trust is you reate a restatement of the original trust, and make the necessary changes.  This will (obviously) have a more recent date and it will take the place of the old trust.  You can file a copy with the county courthouse in Texas, and place the new restated trust in a safe place and tell your family members where to find it.  It's a good idea to give a copy to whoever your trustee will be, and your who attorney prepares the restated trust should keep at least one copy in his office.


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