Testamentary Trust
A trust created through your will that takes effect at death.
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Overview & Purpose
A testamentary trust is created by instructions in your will and only comes into existence after your death, when the will is probated. It is often used to hold assets for minor children or to stage distributions over time.
Who May Consider It
- You want a trust for beneficiaries but prefer to retain full control of assets during life.
- You want distributions staged for minors or young adults after your death.
- Takes effect at death through the terms of your will.
- Can hold and manage assets for beneficiaries according to staged instructions.
- Does NOT operate during your lifetime or incapacity.
- Does NOT avoid probate — it is created through the probate proceeding.
Important Trade-offs
- Subject to probate court oversight, unlike a living trust.
Relevant Assets
Governed by the state's probate code and the will's validity requirements.
Questions to Discuss with an Attorney
- Would a living trust better serve my incapacity and probate-avoidance goals than a testamentary trust?
Related Documents
Sources & References
This article was prepared using publicly available legal and government sources. Laws change, and readers should verify current rules in their jurisdiction.
Reviewed for educational accuracy
Last reviewed: September 30, 2026 · Next scheduled review: March 2027
This article is educational information and is not legal advice. Laws vary by jurisdiction. No attorney has reviewed this material unless a named, licensed attorney is credited above.
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