Estate Planning · Haute Lawyer Network
What Is a Testamentary Trust?
Last reviewed: June 2026
A testamentary trust is a trust created within a will that comes into existence only at the testator's death. Unlike a revocable living trust that is active during the grantor's lifetime, a testamentary trust does not exist until the will is probated. Assets pass through probate and are then transferred into the trust, which an appointed trustee administers for the named beneficiaries.
Testamentary trusts are commonly used to manage assets for minor children — holding their inheritance until they reach a specified age — to provide for a beneficiary with special needs, or to manage assets for a surviving spouse. The trust terms are specified in the will and cannot be changed after death.
Frequently Asked Questions
Does a testamentary trust avoid probate?
No. Assets pass through probate first and are then transferred into the trust.
When does a testamentary trust terminate?
When the specified condition occurs — when the beneficiary reaches a specified age, when the trust purpose is fulfilled, or when the trust assets are exhausted.
Can I name a corporate trustee for a testamentary trust?
Yes. Many people name banks or trust companies as successor trustees for testamentary trusts to ensure professional management.
Is a testamentary trust subject to court oversight?
Often yes. Because the trust arises from a will that was probated, many states require ongoing court supervision of testamentary trusts.
Can a testamentary trust be challenged?
Since it is part of the will, a testamentary trust can be challenged on the same grounds as the will itself — lack of capacity, undue influence, fraud, or improper execution.
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