How to Dissolve a Trust in Court
It's not necessary in all cases to appear in court to dissolve a trust. Revocable trusts can be dissolved outside of court using an assignment form. Irrevocable trusts can also be dissolved outside of court using an assignment form, but all parties involved must agree to the dissolution of the trust. If one or more party does not consent to the dissolution of the trust, the parties must appear in court to argue their case.
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Instructions
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Fill out a living trust revocation, a form used to dissolve a living trust. Identify the property held by the trust. Specify the date on which the trust will be dissolved. Sign and date the form.
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Provide written notice of revocation to the parties involved in the trust. State the effective date of the living trust revocation and provide a copy of the form.
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Receive consent from the trustee and beneficiaries of the trust to dissolve it. If you set up an irrevocable trust, you must obtain consent from the parties involved to dissolve it. If the beneficiaries do not consent, obtain court permission.
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Petition a state court to dissolve the trust. This step is necessary only if one or more party refuses to consent to dissolving the trust. If all parties consent, you do not have to involve the court system.
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Appear in court and argue to a probate judge why the trust should be dissolved. For example, argue that your relationship with the beneficiaries has changed. States such as California and New York are famously free in allowing changes, or even termination, to an 'irrevocable' trust instrument, according to FreeAdvice.com.
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Instruct the trustee to retitle trust property back over to your estate using an assignment. An assignment is a form used to transfer property from one entity to another. Sign and date the form. Receive trust property as agreed.
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