How to Update an Estate Plan in California

**This article is for educational purposes only and does not constitute legal advice. Please schedule a free consultation with one of our qualified attorneys for advice specific to your situation.

Life never stays the same for long. Whether you've recently gotten married, gone through a divorce, added a new child to your family, bought a home, or experienced another major milestone, it’s likely your estate plan needs a fresh look. For Californians, ensuring that your estate planning documents reflect your current reality isn’t just a smart move—it’s often necessary to avoid costly and unintended consequences.

Why Your Estate Plan Needs Regular Checkups

Your estate plan is essentially a blueprint for how your assets and responsibilities will be handled when you’re no longer around—or if you become incapacitated. But just like any long-term plan, it can become outdated if your life situation changes.

Failing to revisit your estate plan can lead to serious issues:

  • Assets going to the wrong beneficiaries

  • Old guardians or executors who are no longer appropriate

  • Conflicts between family members

  • Missed opportunities for tax savings

Key Moments That Should Trigger an Update

While there’s no hard rule about how often to review your plan, many legal experts suggest every 3 to 5 years. That said, certain events should prompt a more immediate review:

  • You’ve gotten married, divorced, or remarried

  • You’ve welcomed a child, adopted, or had a grandchild

  • A loved one named in your plan has passed away or is no longer in your life

  • You’ve moved to California from another state (or left and returned)

  • Your assets have significantly changed (buying/selling real estate, major investments, business growth)

  • Changes in state or federal estate law

Making Changes in California

There are a few ways to adjust your estate plan, depending on how big the changes are.

Amendments to Trusts

For smaller changes—like removing a beneficiary or updating a trustee—you can use an amendment. This adds a section to your original trust without rewriting the whole thing.

Trust Restatements

When you're making major changes, a restatement is usually cleaner. Instead of editing multiple pieces, you create a new version of your trust that fully replaces the old one, while keeping the original date for legal and tax continuity.

Wills and Codicils

Minor will changes can be done through a codicil (a type of amendment). But like with trusts, if there are many updates, it’s often simpler to draft a new will entirely.

Who Can Help You Do This Right?

It may be tempting to use an online service, especially for simple edits. But estate planning laws are complex and vary from state to state. In California, community property laws and specific probate rules make things even more complicated. An estate planning attorney can help you:

  • Make sure your updates follow legal standards

  • Coordinate changes across all documents (will, trust, POAs, healthcare directive)

  • Avoid probate through smart structuring

  • Protect your loved ones from unintended tax or legal burdens

What Documents Should You Review?

Here’s a checklist of what to examine:

Wrapping Up

Your life changes. Your estate plan should, too. Updating it isn’t just about checking a legal box—it’s about protecting the people and things you care about. With the right guidance, the process is straightforward and can offer peace of mind for years to come.

Schedule a free consultation with us today to go over your Estate Planning needs.