A testamentary trust is created by the terms of a last will and testament instead of being signed as a living trust during life. People usually research this trust type when they want beneficiary controls after death but are still planning around a will-based estate structure.
Last reviewed: March 9, 2026
Reviewed against: trust and estate planning references listed on the sources page.
Publisher: Larry Trustee AI Editorial Team | hello@larrytrustee.ai
The trust terms are written into the will. After death, the probate process administers the estate and then the testamentary trust can be funded according to the will instructions. That timing is different from a revocable living trust, which is created and often funded during life.
A testamentary trust may be simpler to understand inside a will-centered estate plan, but it usually does not bypass probate in the way a funded living trust can. Families comparing the two often look at timing, beneficiary control, privacy, and probate exposure.
A testamentary trust is a trust created through a will and activated after death, usually as part of probate administration.
A living trust exists during life, while a testamentary trust is created by will terms and generally starts after death through the probate process.
People use testamentary trusts when they want will-based beneficiary controls, staged distributions, or trustee oversight after death.