Last updated September 30, 2026
A revocable living trust is built to change with you — but how it changes is a legal mechanic with real rules. In Florida, §736.0602, Florida Statutes governs revocation and amendment. Two principles do most of the work: trusts created on or after July 1, 2007 are presumed revocable unless the instrument expressly says otherwise, and the trust’s own stated method controls when the instrument makes that method exclusive. This page explains the mechanics — general information about Florida law, not advice about your trust.
The statute’s ladder
1. The trust's own method — first, and sometimes only
2. A later will or codicil
3. Any other clear manifestation of intent
Amendment vs. restatement
A targeted amendment changes specific articles and leaves the rest standing; a restatement re-executes the entire trust under its original name and date, keeping every asset titled to the trust exactly where it is — which is why restatements are the usual tool once amendments stack up. Either way, the execution formalities the instrument calls for still apply.
After revocation: the property has to move
Revoking the trust does not retitle anything by itself. Deeds recorded into the trustee’s name, accounts titled to the trust, beneficiary designations pointing at it — each needs its own follow-through, or assets strand in a revoked shell and someone has to untangle it later. The funding work runs in both directions.
Questions this topic answers
The guides on this page state what Florida law provides, with the sources. They explain generally and never address your own situation; a question about your own situation is one for a licensed Florida attorney of your choosing.
- What does section 736.0602 say about revoking a Florida trust?
- What is the difference between amending and restating a trust?
- What does Florida law say happens to trust property after revocation?
General information about Florida law, not legal advice. Whether and how to change a trust is fact-specific — confirm your situation with a licensed Florida attorney. EstateDraftFL is software, not a law firm.
Frequently asked questions
Can I revoke my Florida revocable trust?
While you are the settlor and the trust is revocable, yes — §736.0602, Florida Statutes governs how. Florida presumes a trust is revocable unless its terms expressly make it irrevocable (§736.0602(1)) for trusts created on or after July 1, 2007.
What if my trust spells out exactly how to amend it?
If the trust's terms provide a method and make it exclusive, that method must be followed. If the stated method is not exclusive, §736.0602(3) also allows revocation or amendment by a later will or codicil that expressly refers to the trust or devises the property, or by any other method manifesting clear and convincing evidence of intent.
Do handwritten changes on the trust document work?
Marking up a trust is risky: whether it counts depends on the trust's own method rules and on proving intent by clear and convincing evidence. The reliable route is a formal amendment or restatement executed the way the instrument and statute contemplate — with counsel if you want advice.
What happens to the property when a trust is revoked?
On revocation the trustee must deliver the trust property as the settlor directs — typically back to the settlor. Retitling matters: assets deeded or titled to the trust need to be conveyed out, or they can strand in a revoked shell.
General information about Florida law, not legal advice.