A Testamentary Trust, authorized under Texas Estates Code §254.001, is a trust created under the terms of a Last Will and Testament and comes into existence only after the testator’s death, once the Will has been admitted to probate. It allows the testator to direct how assets left to children or other beneficiaries will be managed, protected, and distributed over time—such as delaying inheritances, providing ongoing support, or safeguarding assets from creditors or waste. Unlike a Revocable Living Trust, a testamentary trust does not avoid probate; instead, it is established through the probate process and takes effect only after court oversight of the estate’s administration.
