A testamentary trust is created through a will and goes into effect only after someone passes away. It allows you to control how your assets are distributed to beneficiaries over time, offering structure and protection for loved ones who may not be ready to manage an inheritance on their own. At OC Wills & Trust Attorneys, we help clients across Orange County draft, fund, and administer testamentary trusts. Whether your goal is to protect minor children, provide for a dependent, or preserve family wealth, we will guide you through every step of the process.
Why Choose OC Wills & Trust Attorneys
When you’re planning for the future, you deserve a legal team that combines technical skill with personal attention. Clients choose our firm because we offer:
- Decades of experience focused on California trust and estate law
- Comprehensive estate planning services tailored to your family’s goals
- Transparent guidance on trustee duties, trust administration, and tax implications
- Personalized strategies that balance asset protection with long-term flexibility
- Responsive communication from attorneys who value clarity and trust
We treat each testamentary trust as a reflection of your values and the future you want to create for your loved ones. Our attorneys will help ensure your wishes are carried out exactly as intended.
What Is a Testamentary Trust?
A testamentary trust is created in your will and only becomes active after your passing. Unlike a living trust, it must go through probate before taking effect. Once approved by the court, a trustee you’ve named manages the assets according to your instructions.
People often use testamentary trusts to:
- Provide for minor children until they reach a certain age
- Protect inheritances from creditors or poor financial decisions
- Ensure ongoing care for a loved one with special needs
- Support charitable causes over time
Because the trust is established through your will, it offers flexibility during your lifetime and oversight through the probate process.
How Testamentary Trusts Work in California
In California, testamentary trusts follow the state’s Probate Code, which means court supervision plays a role in their creation and administration. The process generally includes:
- Probate of the will – The will is admitted to probate, and the personal representative is authorized to act.
- Creation of the trust – The court ensures the terms are properly executed.
- Transfer of assets – Property listed in the will moves into the trust.
- Trustee management – The trustee follows your written instructions, distributing funds over time.
Our firm will help you understand how these steps affect your estate and your beneficiaries. We’ll also discuss whether a living trust might better meet your needs for privacy or efficiency.
Choosing the Right Trustee
The trustee plays a central role in ensuring your wishes are carried out. You may choose a trusted family member, friend, or professional fiduciary. We’ll help you evaluate key considerations, such as:
- Financial competence and availability
- Ability to remain impartial among beneficiaries
- Willingness to communicate and keep accurate records
Selecting the right trustee can prevent future disputes and delays. We guide clients through this process with clear advice based on experience in California trust administration.
Testamentary Trusts vs. Living Trusts
Both testamentary and living trusts can achieve similar goals, but they function differently. Understanding these differences will help you make informed decisions:
| Feature | Testamentary Trust | Living Trust |
| Creation | Through your will | During your lifetime |
| Probate Required | Yes | No |
| Privacy | Public record | Private |
| Control During Life | Full control | Shared or transferred |
| Activation | After death | Immediately upon signing |
We’ll review your estate plan in full to determine whether a testamentary trust, living trust, or combination of both provides the best protection for your loved ones.
How We Help You Create and Manage a Testamentary Trust
At OC Wills & Trust Attorneys, we guide clients through every step of creating, reviewing, and maintaining testamentary trusts. Our process includes:
- Drafting clear, enforceable trust terms that reflect your goals
- Advising on tax and inheritance implications under California law
- Helping personal representatives and trustees fulfill their fiduciary duties
- Coordinating with financial institutions to fund and distribute assets
We stay involved long after the documents are signed, providing ongoing support for trustees and beneficiaries as situations change.
Get Guidance from an Orange County Testamentary Trust Attorney
Estate planning is about making intentional choices today to secure your family’s tomorrow. Whether you need to create a testamentary trust, update an existing will, or review your overall plan, OC Wills & Trust Attorneys will help you protect what matters most.
Contact us today to schedule a consultation with one of our attorneys and learn how we can help you structure your estate with clarity and control.
FAQs About Testamentary Trusts in California
Does a testamentary trust avoid probate?
No. Because it’s created through your will, a testamentary trust is subject to probate before taking effect.
Can I have more than one testamentary trust in my will?
Yes. Many people create multiple trusts for different beneficiaries or purposes, such as one for children and another for charitable giving.
How often should I review my will and the terms of my testamentary trust?
It’s best to review your estate plan every few years or after major life events like marriage, divorce, or the birth of a child to ensure your instructions still align with your goals.
