What is a testamentary trust? A testamentary trust is found in a will. That’s why they call it testamentary, and that the terms of the trust are spelled out in the will, and the trust does not take effect until after you die. That is versus setting up a revocable trust while you’re still alive, transferring all the assets into the name of your trustee while you’re alive, and as many times set up to avoid probate. If you have a testamentary trust, your will has to be admitted to probate, and then the testamentary trust is established and all the assets that were in your name at the time of your death passed to the trustee under the testamentary trust. The testamentary trust spells out who the beneficiaries are and how the trust is to be distributed. So, if you have any questions, give me a call at (727) 847-2288.