Standard Legal believes that most people decide to create a Living Trust primarily to avoid Probate Court for their beneficiaries after their own passing.
A Testamentary Trust does not avoid Probate.
A Testamentary Trust arises upon the death of the Grantor as specified in that person’s Last Will & Testament.
Testamentary Trusts are distinguishable from a Revocable Living Trust in that the latter are created and funded during the Grantor’s lifetime.
A Testamentary Trust requires that the Grantor’s Last Will and Testament be submitted to Probate Court in order to handle the funding of the Trust, as directed in the maker’s Last Will and Testament.
Thus, Standard Legal does not offer a Testamentary Trust as one of its document options, as most people wish to avoid Probate all together.
To set up a Trust that avoids probate, see Standard Legal’s Revocable Living Trust legal forms software.
To set up a Testamentary Trust, we suggest you find a local attorney to help you with that process.