How to Set up a Testamentary Trust

A testamentary trust is a type of estate planning tool that can be set up after an individual passes away. This trust will then be enacted to provide for specific beneficiaries that were chosen by the deceased. Here are the basics of how to set up a testamentary trust.

Writing the Will

The first part of the process of setting up a testamentary trust is to construct a will. For this part, you should hire an estate planning attorney to help you. Tell them that you want to set up a testamentary trust and they should be able to include the necessary language in the document to form the trust once you pass away. 


After an individual dies, the will has to go through probate court. The probate judge will make sure that the will is legitimate and then they will turn the process over to an executor of the will to complete.

Tax ID

The executor of the will then have to set up a tax payer ID number for the trust. The trust will have to fill out the appropriate tax documents.

Opening Accounts

Many times, an account will have to be opened and funded for the benefit of the trust. Then the trustee can pay the beneficiaries of the trust according to the wishes of the deceased individual.

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